The Appeal Chamber held on 06.10.2020, at 10:00, the public hearing on the case (JR) no. 57/2019, dated 11.11.2019, corresponding to the appeal of the Public Commissioner and the appeal and counter-appeal of the assessee Elvin Gokaj, against decision no. 187, dated 24.07.2019 of the Independent Qualification Commission.
While putting forward his appeal grounds, the Public Commissioner stated that he shares an adversarial judgment to the decision of the Independent Qualification Commission, which, has identified only deficiencies in the proficiency assessment of the assessee, Mr. Elvin Gokaj and upon this ascertainment it was decided his suspension from office for a period of one year and the obligation of the assessee to attend the training program, according to the curricula approved by the School of Magistrates. The Public Commissioner requested the amendment of decision no. 187, dated 24.07.2019 of the Independent Qualification Commission and dismissal from office of the assessee, because according to the Public Commissioner, Mr. Gokaj does not reach a trustable level in the assets assessment.
On the other hand, through the legal representative, the assessee put forward his submissions regarding the appeal filed by him, as well as his objections to the appeal grounds of the Public Commissioner, by requesting the re-opening of the investigation, based on several new written acts filed during the today’s hearing that he asked to be admitted as evidence by the adjudication panel. The assessee stated that even the decision of the Independent Qualification Commission that has identified deficiencies in his proficiency assessment, is vulnerable in its entirety and lacks a proper legal analysis.
Upon an interim decision, the adjudication panel decided to reopen the judicial investigation and to accept as evidence only some of the acts filed by the assessee, and pursuant to Article 49, paragraph 6, items “a” and “d “of Law 84/2016, deemed that the rest of the acts are unnecessary and do not affect the decision-making, even if those acts are assessed as true.
Given that the adjudication panel decided to accept as evidence two acts, with regard to the appeal of the Public Commissioner and the appeal of the assessee, it decided that both appeals shall be examined together in the same process.
The subsequent hearing shall be held on 21.10.2020 at 10.30, in order to provide the parties with the necessary time to prepare for the deliberations regarding the new evidence.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.