The Appeal Chamber held on 09.11.2022, at 11:00, the public hearing of case (JR) no. 18/2020, dated 02.06.2020, pertaining to the appeal of the assessee Hajrie Muçmata against decision no. 209, dated 11.11.2019 of the Independent Qualification Commission.
The trial panel heard the assessee, as she presented her objections with regard to decision no. 209, dated 11.11.2019 of the Independent Qualification Commission, holding that this decision is unlawful, based on entirely erroneous references, completely false information and in open violation of the fair trial.
In this context, the assessee, Mrs. Hajrie Muçmata, submitted a series of requests to the trial panel, which, after being consulted, decided:
- Under Article F, para 3 of the Annex to the Constitution and Article 45, of Law 84/2016, to open the judicial investigation of the case and to collect as evidence the acts attached to the appeal dated 22.05.2020 and the submissions filed and lodged with the AC by the assessee on 13.06.2022.
- Reject the request of the assessee for finding the invalidity of the IQC decision no. 209, dated 11.11.2019 – at this stage of the proceedings – as it considers this request an issue to be resolved in the final AC decision.
- Reject the request of the assessee for the suspension of the trial at the Appeal Chamber, since in view of Article 297 of the Civil Procedure Code, the resolution of the case subject to examination may be carried out regardless of the resolution of a criminal case registered with the High Court.
- With regard to the request for a new financial analysis, in terms this aspect of the decision under scrutiny is part of the appeal grounds, the panel shall carry it out through the Legal Service Unit and will subject it to evaluation for making of the final decision on the case to be reflected further on, in the AC reasoned decision.
At the request of the assessee, Mrs. Hajrie Muçmata, the panel decided to administer as evidence six photos deposited by her during today’s hearing, for one of the declared properties.
Following the decision of the trial panel to close the judicial investigation of the case, the assessee was invited to submit the final conclusions to the case.
The assessee requested ultimately the AC, that if it does not find at this moment the absolute invalidity of the decision, to find unfair the dismissal from office, to overrule decision no. 209, dated 11.11.2019 of the Independent Qualification Commission and to confirm in office the assessee, Ms. Hajrie Muçmata.
After hearing the final request of the assessee, the trial panel decided to close the judicial review of the case and withdrew to make the final decision, to be announced on November 15, 2022, at 14:30.
The public hearing will take place in the premises of the Appeal Chamber at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.