The Appeal Chamber held on April 4, 2019, at 10:00 h, the public hearing of case (JR) no.20/2018, dated 17.10.2018, corresponding to the appeal of the assessee Ms. Rovena Gashi against decision no.48, dated 25.07.2018 of the Independent Qualification Commission. During the previous in camera session, following a finding submitted to the Appeal Chamber by the International Monitoring Operation, the adjudication panel decided to transfer the review of the case in a public hearing.
During today’s hearing the assessee requested to be assisted in these proceedings by Ms. Ema Gashi, in the capacity of assistant. With regard to this request, the adjudication panel held that:
Pursuant to Article F of the Annex to the Constitution, the Appeal Chamber is the only judicial body of the proceedings, and as such it is not a public body in terms of Law 44/2015 “Code of Administrative Procedures”. Therefore, Article 39 of this Law related to the procedural position of the assistant does not apply. With regard to the review of the appeals submitted to it, the Appeal Chamber applies Article 65 of Law 84/2016, in conjunction with Article 4, paragraph 6, of this very Law, and Article 1, paragraph 2, of Law 49/2012, “On Administrative courts and adjudication of administrative disputes”.
For these reasons, the adjudication panel reached the conclusion that all assessees, including Ms. Rovena Gashi, when the Appeal Chamber reviews their appeals, may be defended and represented before it by a legal representative, in compliance with the rules set forth in Article 96 of the Civil Procedure Code. As per above, the adjudication panel decided to reject the request of the assessee Rovena Gashi to provide Ms. Ema Gashi the procedural position of assistant and invited the assessee, if she considers necessary, to appoint a legal representative.
The adjudication panel, taking into consideration: given the objective absence due to illness of the International Observer Ms. Mia Roessingh-Bakels;
the limited timeframe of her replacement International Observer in today’s hearing, Mr. Theo Jacobs, to be properly acquainted with the case file;
as well as, the importance of the participation in the hearing of the International Observer (Ms. Roessingh-Bakels, who was the one who has provided the finding and evidences enclosed), decided to adjourn the hearing on 23.04.2019, at 10:00 h.
The hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.