The Appeal Chamber held on 03.06.2025, at 10:00, the public hearing of case (JR) 49/2023, dated 27.10.2023, pertaining to the appeal of the Public Commissioner against decision no. 696, dated 11.09.2023 of the Independent Qualification Commission, related to the assessee Marsida Frashëri.
During the verification of the presence of the parties, the presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code have determined the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office, Mr. Klodian Braho, present at the hearing.
During the submission of the appeal grounds, the representative of the Special Prosecution Office maintained that he shares a different position from the Independent Qualification Commission that has confirmed the assessee in office, since her professional misconducts are such that they cannot be corrected by the training program of the School of Magistrates and that Mrs. Frashëri has seriously violated the public’s trust in the justice system.
The assessee requested the Chamber the dismissal of the appeal of the Public Commissioner, since according to her, in violation of the Constitution, an appeal was filed against a decision that cannot be appealed, such as the interim decision of the Independent Qualification Commission that has decided to suspend from office Mrs. Marsida Frashëri for a period of 1 year and follow the training program of the School of Magistrates.
Once the assessee responded to several questions of the case rapporteur in view of the examination of the case, the trial panel decided to close the judicial examination and invited the parties to present their final conclusions.
The representative of the Special Prosecution Office stated that the he stands by his appeal, moreover, that the assessee did not dispute its essence. Mr. Klodian Braho opposed the position of the assessee on the invalidity of the appeal, arguing that the appeal of the Public Commissioner was filed against the final decision of the Independent Qualification Commission, the confirmation in office, while there is no legal provision on the claims raised by the assessee. The representative of the Special Prosecution Office requested finally the amendment of decision no. 696, dated 11.09.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Marsida Frashëri.
The assessee finally requested the Appeal Chamber the dismissal of the appeal of decision no. 696, dated 11.09.2023 of the Independent Qualification Commission, as a decision that cannot be reviewed and cannot be appealed, and its upholding.
After hearing the final conclusions of the parties, the trial panel withdrew in chambers to make the final decision, which it shall announce on 10.06.2025, at 15:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.