2020-07-30 00:00 - 2020-07-30 00:00
The Appeal Chamber held on 10.07.2020, at 10:00, the public hearing on the case (JR) no. 51/2019, dated 17.10.2019, corresponding to the appeal of the Public Commissioner against the decision no. 169, dated 26.06.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Regleta Panajoti.
After ascertaining the absence of the assessee in today's hearing, the presiding judge announced that on 08.07.2020, the High Judicial Council had forwarded to the Appeal Chamber, its decision no. 239, dated 07.07.2020 “On the termination of the status of magistrate for the judge of Tirana Judicial District Court, Mrs. Regleta Panajoti”.
Meanwhile, the assessee Mrs. Panajoti, via an email has requested the Appeal Chamber to terminate the transitional re-evaluation process due to the termination of the status of magistrate pursuant to the decision of the HJC no. 239 dated 07.07.2020.
The Public Commissioner found that the decision of the HJC, no. 239, dated 7.07.2020 is effective, but still can be appealed according to the provisions of Law no. 115/2016 "On the governing bodies of the justice system". The Public Commissioner also found that the assessee has expressed the will to terminate the transitional re-evaluation process, but has not expressed her willingness to accept the consequence that derive from the termination of this process, the prohibition to be appointed for a period of 15 years in the justice system, pursuant to Article G of the Annex to the Constitution.
The Public Commissioner requested the adjudication panel that if it decides to terminate the re-evaluation process for Ms. Regleta Panajoti, the provisions of Article G of the Annex to the Constitution must be fully applied, pursuant to the current case-law of the Appeal Chamber.
The adjudication panel withdrew for further consultation, and upon an interim decision, decided:
- To request from the High Judicial Council information and documentation on the manner and form of notification of the assessee Regleta Panajoti regarding the decision no. 239, dated 07.07.2020, “On the termination of the status of magistrate for the judge of Tirana Judicial District Court, Mrs. Regleta Panajoti” in order for the adjudication panel to calculate the termination of the legal time limits regarding the right to appeal.
- Depending on the response and information of the High Judicial Council regarding the above, the adjudication panel, prior to the next hearing, shall request information from the Administrative Court of Appeal in Tirana, if the assessee has exercised the right to appeal against the aforementioned decision of the HJC within the legal time limits.
- To invite the assessee to be heard in the next hearing regarding the above issues and the legal consequences of termination of the re-evaluation process according to the provisions of the Annex to the Constitution and the Vetting law.
Pending this information, the adjudication panel decided to adjourn the public hearing on 30.07.2020, at 10:00.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi "Dëshmorët e Kombit", nr.3. Tirana.