2025-09-29 All day
The Appeal Chamber held on 29.09.2025, at 10:00, the public hearing of case (JR) 37/2023, dated 02.08.2023, pertaining to the appeal of the Public Commissioner against decision no. 650, dated 27.04.2023 of the Independent Qualification Commission, related to the assessee Ylli Pjetërnikaj.
The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199, second paragraph, of the Civil Procedure Code have set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office, Mr. Klodian Braho, present at the hearing.
During the submission of the appeal grounds, the representative of the Head of the Special Prosecution Office stated that the assessee has made an incorrect declaration of assets and is found in terms of financial incapacity to justify the legitimacy of the income, to such an extent that the principle of objectivity and proportionality cannot be applied. With regard to the proficiency assessment, Mr. Klodian Braho held that the assessee failed to prove the opposite of the burden of proof for the findings included in the appeal regarding the investigative actions undertaken by him. The representative of the Head of the Special Prosecution Office requested the Appeal Chamber to take into account the appeal grounds, ruling on the amendment of decision no. 650, dated 27.04.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Ylli Pjetërnikaj.
The assessee objected to the appeal grounds, providing detailed explanations for each of them, whereas his legal representative stated that the essential income of the agricultural household cannot be zeroed, as long as there is no case, even suspected, of any corrupt activity of the assessee. The assessee requested the opening of the judicial investigation, accepting as evidence the acts attached to the submissions, as well as a new document lodged during today’s hearing.
As to the denunciations, the representative of the Head of the Special Prosecution Office maintained that they contain no circumstances of interest for the trial.
The assessee stated that in this context, he shares the same position as the representative of the Head of the Special Prosecution Office.
The trial panel decided to open the judicial investigation of the case, accepting as evidence all the acts filed according to the today’s hearing minutes, apart from one document, for which it provided the assessee the opportunity to lodge it in the form required by law before the subsequent hearing.
After being consulted, the trial panel decided not to investigate further the denunciations, as they fail to meet the criteria of Article 53 of Law no. 84/2016.
The trial panel decided to postpone the hearing to 15.10.2025, at 09:00, a hearing during which the parties will present their final conclusions.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.