The Appeal Chamber held on 24.06.2025, at 10:00, the public hearing of case (JR) no. 6/2023, dated 03.02.2023, pertaining to the appeal of the Public Commissioner against decision no. 598, dated 13.12.2022 of the Independent Qualification Commission, related to the assessee Genci Mane.
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 set forth 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. Adnan Xholi, present at the hearing.
During the submission of the appeal grounds, the representative of the Special Prosecution Office stated that the assessee is found in terms of inaccurate and insufficient declaration and fails to cover his assets with legitimate sources. With respect to the proficiency assessment, Mr. Adnan Xholi requested the Chamber to assess the repeated shortcomings, observed during the exercise of the office by the assessee, along with the issues found in the asset assessment criterion, as they may lead to a different conclusion from the one of the Independent Qualification Commission, which has confirmed him in office.
The representative of the Special Prosecution Office maintained that the assessee fails to reach a reliable level for his confirmation in office, therefore, he requested the amendment of decision no. 598, dated 13.12.2022 of the Independent Qualification Commission, related to the assessee Genci Mane and his dismissal from office.
The assessee provided explanations in response to the appeal grounds, filing several new acts, which he requested the trial panel to collect them as evidence.
The presiding judge informed that the parties had been provided with two complaints, regarding which the representative of the Special Prosecution Office stated that they contain no sufficient grounds for further investigation.
The assessee provided his explanations regarding the complaints and filed several acts with their regard, which he requested to be admitted as evidence by the trial panel. Subsequently, the assessee also responded to several questions of the case rapporteur.
After being consulted, the trial panel decided:
To open the judicial investigation and to administer as evidence the acts lodged by the assessee in the submissions and in today’s hearing, as follows:
With regard to the acts attached to the submissions:
- Donation contracts and OSHEE’s letter, according to the extremities cited in the submissions;
- 10 purchase contracts – in terms when they are administered in the IQC case – it is not necessary their administration once more;
- The financial expertise report – to be considered as an integral part of the submissions.
The trial panel also decided:
- To administer as evidence the acts submitted in today’s hearing;
- To not open an investigation regarding the complaints, as the requirements of Article 53 of Law 84/2016 are not met.
- To address Tirana Universal Service Provider, the Power Supply Distribution System Operator, Fier Regional Directorate, and the Water Supply and Sewage Company Sh.A Fier for additional information and documentation to the purpose of consideration of the case.
The responses of these operators shall be made available to the parties, immediately upon their arrival at the AC.
Pending these responses, the trial panel decided to postpone the hearing to 14.07.2025, at 13:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.