The Appeal Chamber held on 05.05.2025, at 12:30, the public hearing of case (JR) 25/2024, dated 03.07.2024, pertaining to the appeal of the Public Commissioner against decision no. 760, dated 26.04.2024 of the Independent Qualification Commission, related to the assessee Ardiana Bera.
The presiding judge informed that in the period between the previous hearing dated 09.04.2025 and today’s hearing, namely, on 30.04.2025, the assessee, Ms. Ardiana Bera has forwarded to the Chamber several new documents related to her brother’s income from his employment in UK and requested the reopening of the investigation, with the aim of their administration.
The representative of the Special Prosecution Office, Mr. Adnan Xholi, after confirming his acquaintance with them, submitted his stand on accepting the request of the assessee for reopening the investigation and accepting as evidence the lodged documents that, according to him, are in the form required by law.
After being consulted, the trial panel decided to reopen the judicial investigation and accept as evidence the new documents.
After closing the judicial investigation, the trial panel invited the parties to file their final conclusions.
The representative of the Special Prosecution Office stated that even after the submission of the new evidence, the assessee failed to prove the opposite of the appeal regarding the asset assessment criterion, whereas with regard to the proficiency assessment, he maintained that the manner in which the assessee has managed a judicial case during the exercise of her office and the deficiencies in legal knowledge affect public confidence in the justice system. Finally, the representative of the Special Prosecution Office requested the Chamber the amendment of decision no. 760, dated 26.04.2024 of the Independent Qualification Commission and the dismissal from office of the assessee Ardiana Bera.
The legal representative of the assessee stated that the representative of the Special Prosecution Office, during the submission of the final conclusions, brought additional arguments, deviating from the previous position regarding both asset and proficiency assessment criteria. The legal representative requested additional time to restructure the position, a request that was not accepted by the trial panel, arguing that each of the parties may present a position unconditional from the position of the other party.
In continuation of the final conclusions, the legal representative of the assessee requested the Chamber the dismissal of the appeal, as it was made on a subjective assessment, and it is unfounded in evidence and law. The legal representative held that the new evidence lodged during the AC proceedings proves that the assessee reaches a reliable level in the asset assessment, while according to her, the case taken as a reference in the context of the proficiency assessment contains no concrete, factual circumstances or errors that could influence a negative assessment in this criterion, much less the violation of trust in the justice system. Finally, the assessee requested the Chamber the upholding of decision no. 760, dated 26.04.2024 of the Independent Qualification Commission.
After hearing the final conclusions of the parties, the panel decided to close the judicial review of the case and withdrew in chambers to make the final decision, which it shall announce on 20.05.2025, at 13:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.