Today, on 15.12.2021, at 10:00, the Appeal Chamber held the public plenary hearing of case (JD) 4/2021, dated 21.05.2021, with appellant Mrs. Enkeleida Hoxha, against decision no. 92, dated 17.03.2021 of the High Judicial Council, with interested party, the High Judicial Council (HJC).
The presiding judge informed the party, the petitioner Enkeleida Hoxha, present at the hearing, that lawyer Ardian Visha had filed a request with the Appeal Chamber, demanding the adjournment of the hearing, due to his incapacity to be present, for objective health reasons.
The appellant, questioned by the presiding judge, confirmed she wanted be represented by this lawyer in the proceedings that shall take place at the Appeal Chamber, according to the rights set out in the power of attorney issued by her and that she also concurred to adjourn the hearing due to his absence.
The presiding judge asked the complainant Enkeleida Hoxha whether the entire file administered and created in the context of her disciplinary proceedings had been made available to her by the HJC, and she stated that she was only acquainted with the decision on the initiation of the disciplinary proceedings.
Asked by the presiding judge, the HJC representative stated that in addition to his submissions filed with the Chamber, the complete file was submitted for the purpose of disciplinary proceedings. Following this statement, the presiding judge clarified that the perception of the Chamber, based on the specification made with their regard in the HJC letter, is that the latter has filed only the documents in view of the objections submitted with the AC, but not the complete file administered and created by the HJC for the purposes of disciplinary proceedings against Mrs. Enkeleida Hoxha.
After withdrawing for consultations, the Chamber, based on Article 175, second paragraph, of the Civil Procedure Code, decided to accept the request of the appellant Enkeleida Hoxha and lawyer Ardian Visha for the adjournment of today’s hearing.
Pursuant to Articles 1, paragraph 2 and 42 of Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended, the Appeal Chamber decided to address the HJC to forward to the AC within 29.12.2021 the complete file containing all acts administered and created for the purposes of disciplinary proceedings, on the basis of which HJC issued decision no. 92, dated 17.03.2021.
Also, based on Article 38, paragraph 2 of Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended, the Appeal Chamber decided to summon the High Justice Inspector as interested party to this proceedings, whose participation in this process is considered necessary to its effectiveness.
In order to accomplish the tasks ordered by the trial panel, the next hearing will take place on January 20, 2022, at 10:00.
The public plenary hearing will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.