Today, on 16.05.2023, at 10:00, the Appeal Chamber held the public hearing of case (JR) 37/2022, dated 01.09.2022, pertaining to the appeal of the Public Commissioner against decision no. 535, dated 26.05.2022, of the Independent Qualification Commission, related to the assessee Bledar Bejko.
The Public Commissioner, during the submission of the appeal, which she stated was carried out within the time limits set by law, assessed that there were deficiencies in the asset assessment criteria, issues in the background and proficiency assessment criteria, and that the IQC position, according to which the assessee has reached a reliable level for all three assessment criteria, is not supported on a fair evaluation of facts, evidence and applicable legislation.
The Public Commissioner requested the Chamber to consider the appeal grounds and at the end of the consideration of the case in a public hearing, to decide the amendment of decision no. 535, dated 26.05.2022, of the Independent Qualification Commission and the dismissal from office of the assessee Bledar Bejko.
The assessee requested the AC to dismiss the appeal of the Public Commissioner, claiming that it was lodged beyond the 15-day legal time limit. While contesting the appeal grounds for the three assessment criteria, the assessee stated that they do not stand and are not found on law and evidence. The assessee requested the AC to open the judicial investigation of the case, accepting as evidence the documents attached to his submissions, identified during today’s hearing. Based on the principle of equality before law, constitutionality, principles of proportionality and objectivity, the assessee requested the upholding of decision no. 535, dated 26.05.2022, of the Independent Qualification Commission.
With regard to the public denunciations, the Public Commissioner stated that she considers unnecessary taking a stand, as the circumstances and information therein are included in the appeal grounds, which are sufficient to amend the IQC decision.
The case rapporteur addressed several clarifying questions to the assessee with respect to the denunciations, for one of which, the latter requested sufficient time to respond.
By an interim decision, the panel decided to open the judicial investigation of the case and to administer as evidence the acts filed by the assessee, except two acts already administered in the case file.
The court decided to postpone the hearing to May 17, 2023, at 11:00. During this hearing, the panel shall announce the decision related to the public’s denunciations and shall make a statement regarding the request of the assessee for sufficient time related to the question of the case rapporteur.
The public hearing will take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.