On 26.07.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 31/2020, dated 30.07.2020, pertaining to the appeal of the assessee Adnand Xhelili against decision no. 237, dated 12.02.2020 of the Independent Qualification Commission.
The assessee was heard as he submitted his objections to decision no. 237, dated 12.02.2020 of the Independent Qualification Commission, stating that it is an erroneous decision, containing several legal issues. The assessee requested the reopening of the judicial investigation of the case and the collection as evidence of several new acts attached to his submissions and lodged with the Chamber on 26.04.2022.
After the assessee responded to some questions of the case rapporteur in the context of the examination of the case, the trial panel, after being consulted, decided by a majority vote to reject the request for opening the judicial investigation and collecting as new evidence the documents filed by the assessee with the AC, on 26.04.2022, as the assessee failed to prove that he is found under the criteria provided for in Article 47 of Law no. 49/2012 “On the organization and functioning of administrative courts and the adjudication of administrative disputes”, as amended, which would legitimize the late submission of these acts, due to circumstances that occurred without his fault.
The trial panel assessed also the possibility of an ex officio administration of these acts, concluding that their probative value and impact on the resolution of the case is not such as to legitimize their collection as evidence, according to Articles 45 and 49, paragraph 6, of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
Following the statement of the assessee that he had no other additional requests, the trial panel decided to close the judicial investigation of the case and invited the assessee to submit the final conclusions.
Finally the assessee requested the AC the amendment of decision no. 237, dated 12.02.2020 of the Independent Qualification Commission, as a decision made upon erroneous premises and considerations, lacking the observance of the principle of objectivity and proportionality.
After hearing the final request of the assessee, the panel withdrew to make the final decision of the case, to be announced on 29.07.2022, at 10:30.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.