The Appeal Chamber held on 17.07.2020, at 10:30, the public hearing on case (JR) no. 21/2019, dated 24.04.2019, corresponding to the appeal of the Public Commissioner against decision no. 103, dated 05.02.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Donika Prela.
At the beginning of the hearing, the assessee, Mrs. Donika Prela, submitted two preliminary requests for the recusal from the adjudication panel of the presiding judge, Judge Natasha Mulaj and the member of this panel, Judge Ina Rama, as she claims that she is in conflict of interest with them, due to her duty as a prosecutor.
After being consulted, the adjudication panel found that pursuant to Article 27 paragraph 2 of Law 84/2016, the authority to review these requests belongs to a different adjudication panel which is assigned by lot; given the circumstances, these two requests shall be reviewed by two other adjudication panels, after being assigned by lot.
The presiding judge also stated that pursuant to Article 75, the last paragraph of the Code of Civil Procedure states that the submission of these requests does not suspend the review of this case, but Judges Ina Rama and Natasha Mulaj shall not be part of the decision making, until the requests for their recusal are reviewed. In these circumstances, the adjudication panel decided to proceed with the case review.
The Public Commissioner submitted the appeal grounds, upon which requests the amendment of decision no. 103 dated 05.02.2019 and the dismissal of the assessee from office.
The assessee, Mrs. Prela elaborated in details her objections to the appeal submitted by the Public Commissioner, as well, she requested the adjudication panel to reopen the judicial investigation and administer as evidence some new acts that she submitted with the adjudication panel.
In order to give reasonable time for the Public Commissioner to comment on the admissibility and probative value of these acts, the adjudication panel decided to adjourn the hearing on 27 July, at 09.00.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.