The Appeal Chamber held on 05.11.2025, at 10:30, the public hearing of case (JR) 53/2023, dated 09.11.2023, pertaining to the appeal of the Public Commissioner against decision no. 702, dated 27.09.2023 of the Independent Qualification Commission, related to the assessee Agron Bushati.
The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania has set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office. Pursuant to Article 199, paragraph 2 of the Civil Procedure Code, the trial panel decided to transfer the proceedings 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. Klodjan Braho, present at the hearing.
In the submission of the appeal grounds regarding the proficiency assessment criterion, the representative of the Head of the Special Prosecution Office, Mr. Klodjan Braho, stated that there are violations, behaviors and actions found that are contrary to the standards of ethics of a magistrate, such that they qualify as those that undermine public trust in the justice system. The representative of the Head of the Special Prosecution Office stated that during the proceedings at the Appeal Chamber, the assessee is entitled to file additional evidence and arguments in disputing to the appeal, but referring to the current state of the acts, Mr. Braho requested the amendment of decision no. 702, dated 27.09.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Agron Bushati.
The legal representative of the assessee, while objecting to the appeal, stated that the appeal grounds are unsupported on legal arguments, that it regards unintentional behavior without real consequences of the assessee in him exercising his office, without concrete relevance, for formal deficiencies addressed by disciplinary measures by the relevant bodies, yet without becoming a repeated behavior pattern. The legal representative stated that the observed issues fail to reach the threshold of violating public trust in the justice system and fail to meet the criteria that could lead to the application of the extreme disciplinary measure, the dismissal from office. In support of his claims, the assessee filed new acts attached to the submissions, which he requested the trial panel to collect them as evidence.
Subsequently, to the purpose of the review of the case, the assessee responded to the questions of the case rapporteur.
When questioned about his position regarding the denunciations, the representative of the Head of the Special Prosecution Office stated that they contain no sufficient grounds for further investigations. The legal representative of the assessee shared the same position with the representative of the Head of the Special Prosecution Office regarding the denunciations.
After being consulted, the trial panel decided to open the judicial investigation of the case, accepting as evidence the acts filed by the assessee, as well as not to open a judicial investigation into the denunciation of the citizen with initials I. H., in light of Article 53 of Law no. 84/2016, also due to the acts filed by the assessee in response to this complaint.
Once the parties stated that they had no other procedural requests, the trial panel decided to close the judicial investigation and invited the parties to submit their final conclusions of the case. In order to provide them reasonable time to prepare their final conclusions, it was decided to postpone the hearing to 13.11.2025, at 09:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.