The Appeal Chamber held on 14.07.2025, at 10:00, the public hearing of case (JR) 27/2023, dated 04.07.2023, pertaining to the appeal of the Public Commissioner against decision no. 660, dated 16.05.2023 of the Independent Qualification Commission, related to the assessee Majlinda Andrea.
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, paragraph 2, 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.
The presiding judge noted the absence of the assessee and informed the court that the Chamber had not received any notification with reasons or causes that would make Ms. Majlinda Andrea objectively unable to be present at the hearing; consequently, the trial panel decided to continue the proceedings in her absence.
The representative of the Head of the Special Prosecution Office, during the submission of the appeal grounds, held that the Independent Qualification Commission had not investigated whether the ordinary constitutional disciplinary jurisdiction bodies had exercised their competence to conduct an investigation and disciplinary proceedings with the aim of dismissing the assessee from office and losing the status of magistrate.
The Representative of the Head of the Special Prosecution Office requested the Chamber to investigate the above, and after taking into consideration the appeal grounds, to decide the amendment of the IQC decision no. 660, dated 16.05.2023, which dismissed the assessee from office and declared the transitional re-evaluation process completed without a final decision, as the assessee has lost the status of magistrate. Mr. Braho assessed that even if it turns out that these institutions are still in a state of inaction, the vetting process will have to be declared completed, without a final decision, due to the loss of the status of magistrate.
After being consulted, the trial panel decided to open the judicial investigation and request the High Judicial Council information and the acts issued regarding the termination of the status of magistrate for the assessee Majlinda Andrea. These acts shall be forwarded to the parties as soon as they shall be received by the Chamber. Looking forward to their delivery, it was decided that the hearing be postponed to 21.07.2025, at 09:30, during which the parties will also be prepared for the final conclusions.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.