On 31.01.2023, at 10:00, the Appeal Chamber held the public hearing of case (JR) 7/2021, dated 28.01.2021, pertaining to the appeal of the Public Commissioner against decision no. 287, dated 04.08.2020, of the Independent Qualification Commission, related to the assessee Anita Mici.
During the submission of the appeal grounds related to the asset assessment, the Public Commissioner stated that the assessee, Mrs. Anita Mici, is found in terms of an incorrect and insufficient declaration, whereas with regard to the proficiency assessment, she requested the Appeal Chamber to carry out an overall assessment, taking into consideration the findings of the reports on the proficiency assessment of the assessee, drafted by the judicial and auxiliary bodies of the vetting process.
At the conclusion of her submissions, the Public Commissioner requested the amendment of decision no. 287, dated 04.08.2020 of the Independent Qualification Commission and the dismissal from office of the assessee, Mrs. Anita Mici.
The assessee submitted her objections to the Public Commissioner’s appeal grounds, requesting the AC the reopening of the judicial investigation and the collection as evidence of the acts she filed related to the objections. The assessee stated that she reaches a reliable level in the background and asset assessment, and a good qualifying score in the proficiency assessment.
At the conclusion of the submissions, the assessee stated that decision no. 287, dated 04.08.2020 of the Independent Qualification Commission is a decision made in a fair assessment of the facts and applicable legislation and requested its upholding.
With regard some public denunciations, the Public Commissioner stated that they do not contain facts and circumstances for further investigation. With their regard, the assessee stated that one of the denunciations, being anonymous, does not meet the requirements of the law, as it does not provide data on the identification of the declarant and even less, concrete facts or circumstances. As for the other denunciations, she stated that they are related to court decisions taken after the assessment period and should not be taken into consideration.
After being consulted, the court decided to accept the request of the assessee for the reopening of the judicial investigation, accepting as evidence the documents filed by her along with the submissions.
With respect to the denunciations, the court decided not to open an investigation in their regard as they do not meet the requirements of Article 53 of Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
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 file their final conclusions.
Taking into account the request of the parties for sufficient time for the preparation of the final conclusions, the court decided to postpone the hearing to February 13, 2023, at 10:00.
The hearing in chambers will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.