The Appeal Chamber held on 19.03.2025, at 10:00, the public hearing of case (JR) 27/2022, dated 17.06.2022, pertaining to the appeal of the Public Commissioner against decision no. 521, dated 01.04.2022, of the Independent Qualification Commission, related to the assessee Erjon Shehaj.
During the verification of the presence of the parties, the presiding judge informed the parties on the presence of the Head of the Special Prosecution Office, whose attendance in this judicial proceedings is legitimized under Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code, such provisions that allow the procedural transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office.
The presiding judge announced that the parties had been forwarded several public complaints, received after the submission of the appeal, and that the parties should make a stand about them during today’s hearing.
During the submission of the appeal grounds, the Head of the Special Prosecution Office identified findings and issues in terms of investigative actions, notification of acts, interpretation of the law, etc., as well as circumstances identified in a case of conflict of interest, found also in the decision of the Independent Qualification Commission. Based on these findings and issues, the Head of the Special Prosecution Office requested the Chamber to assess them within the framework of the ethical and proficiency assessment of the assessee and to take them into consideration in the overall evaluation of the case in accordance with Article 4, paragraph 2 of Law no. 84/2016, in conjunction with Article 61, paragraph 5 thereof.
The Head of the Special Prosecution Office maintained that, referring to the state of facts and evidence, he shares the opposite position with the IQC, as he considers that the assessee fails to reach a reliable level for his confirmation in office. Mr. Dumani requested the amendment of decision no. 521, dated 01.04.2022, of the Independent Qualification Commission and the dismissal from office of the assessee Erjon Shehaj.
During the submission of the objections, the legal representative of the assessee filed his arguments for each appeal ground, and stated that these grounds do not argue how potential violations related to the proficiency assessment criterion, or circumstances detached from cases reviewed by the assessee during the exercise of his office, could violate the proficiency assessment indicator and, even more so, violate public trust in justice. According to him, these circumstances could be taken into consideration in the overall evaluation of the case for all three assessment criteria and not in the specific case, when the assessee has reached a reliable level in the other two criteria, the asset and background assessment. In support of his submission, the assessee filed new acts, which he requested the trial panel to accept them as evidence, and requested as well the upholding of decision no. 521, dated 01.04.2022 of the Independent Qualification Commission.
With respect to the public complaints filed with the Chamber, the Head of the Special Prosecution Office emphasized that two of them were addressed during the IQC proceedings and no grounds for appeal were raised for them, while two others contained no grounds that would require further
investigation by the Chamber. Regarding one public complaint, he assessed that it meets the formal criteria, but reserved the right to make a statement after hearing the position of the assessee with its regard. After hearing the explanations of the legal representative regarding this complaint, the Head of the Special Prosecution Office considered them detailed and convincing and stated that the allegations described therein are unfounded, therefore, considering unnecessary the further investigation by the Chamber.
After being consulted, the trial panel decided to open the judicial investigation, collecting as evidence the acts deposited in today’s hearing, except for two acts, which the assessee was invited to submit in the form required by law, preferably before the next hearing, in order to make them available in advance to the Head of the Special Prosecution Office.
With regard to the public complaints, the trial panel decided not to open the judicial investigation, as it assessed that they fail to meet the conditions set forth in Article 53 of Law no. 84/2016.
It was decided that the parties shall submit their final conclusions in the next hearing, scheduled to take place on 04.04.2025, at 09:00.
The public hearing shall take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.