Today, on 07.02.2023, at 10:00, the Appeal Chamber held the public hearing of case (JR) 24/2022, dated 03.06.2022, pertaining to the appeal of the Public Commissioner against decision no. 519, dated 25.03.2022, of the Independent Qualification Commission related to the assessee Kastriot Gramshi.
The assessee, Mr. Kastriot Gramshi submitted a preliminary request, through which he requested that during the trial at the Chamber, in addition to Av. Julian Mërtiri, he shall also be represented by the foreign national, Ms. Kathleen Ann Imholz.
With regard to this request, the Public Commissioner stated that under Article 176 of the Civil Procedure Code, the decision on the legitimacy of the parties in the proceedings is left with the court.
Following the examination of the documentation attached to the request, the court decided to reject it, on grounds that the conditions of Article 23 of Law 55/2018 “On the profession of lawyer in the Republic of Albania” are not met.
The assessee submitted another preliminary request, through which he requested the AC to determine the applicable legislation in the framework of the transitional re-evaluation process of judges and prosecutors in the Republic of Albania.
With regard to this request, the Public Commissioner stated that the jurisdiction of the Chamber is determined by the Constitution, Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as the auxiliary legislation of the proceedings.
The panel assessed that this request does not fall within the circle of preliminary requests; nevertheless it clarified that the legislation applicable by the Chamber is determined by the Annex to the Constitution, Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as any other law auxiliary to the process.
During the submission of the appeal grounds related to the asset assessment, the Public Commissioner stated that the assessee is found in terms of incorrect and insufficient declaration and that he fails to justify his assets with legitimate sources. The Public Commissioner considered that referring to the state of the evidence, the assessee fails to reach a reliable level for the asset assessment, and therefore he requested the amendment of decision no. 519, dated 25.03.2022, of the Independent Qualification Commission and the dismissal from office of the assessee, Mr. Kastriot Gramshi.
The legal representative of the assessee contested the Public Commissioner’s appeal grounds, assessing that the claims brought therein do not stand and that they are supported on the wrong interpretation of the law. The legal representative held that the assessee reaches a reliable level in the asset and background assessment, as well as a good qualifying level in the proficiency assessment, therefore, he requested the upholding of decision no. 519, dated 25.03.2022, of the Independent Qualification Commission, related to the assessee Kastriot Gramshi.
The assesse, along with the submissions, filed several new documents, one of which was accepted as evidence by the court, while the others were dismissed, but since they are to be found in open official sources, the court shall access and consider them, in view of Article 49, paragraph 4, of Law no. 84/2016.
Once the parties stated that they had no further procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to submit their final conclusions.
At the request of the assessee for sufficient time for the preparation of the final conclusions, the panel decided to adjourn the hearing to February 14, 2023, at 15:00.
The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.