The Appeal Chamber held today, on 04.11.2020, at 10:00 h, the public hearing on the case (JR) no. 40/2018, dated 04.09.2019, corresponding to the appeal of the assessee Arjana Fullani against decision no. 186, dated 23.07.2019, of the Independent Qualification Commission.
While verifying the presence of the litigants, given that the assessee, Mrs. Arjana Fullani had informed that her legal representative during the proceedings with the Appeal Chamber was going to be Mrs. Evelina Qirjako, the adjudication panel withdrew in camera to verify the act of representation by Mrs. Qirjako. On behalf of the adjudication panel, the presiding judge stated that the court legitimizes Ms. Qirjako as legal representative of Mrs. Fullani in this process.
After this procedural moment, the legal representative stated her position on the appeal regarding paragraph 2 of decision no. 186, dated 23.07.2019, of the Independent Qualification Commission, upon which “the assessee loses the right to be appointed a judge or prosecutor of any level, as member of the High Judicial Council or the High Prosecution Council, Inspector of High Judge or General Prosecutor, for a period of 15 years”.
The legal representative stated that the decision of the Independent Qualification Commission is vulnerable in its paragraph 2, rendered on evidences that do not exist, on invalid and illegal evidence and in clear violation of the procedural law and of the due legal administrative process.
Further on, the adjudication panel upon consultation on the spot, by a majority vote, decided to conclude the judicial review of the case. The presiding judge asked the assessee, Mrs. Fullani, whether as an appealing party, she was ready to state the final conclusions on today’s hearing or if she needed additional time to prepare for them. The legal representative stated that the final conclusions would add nothing more to the elaborated arguments she had stated in today’s hearing.
At the request of the presiding judge, the legal representative stated the final request, upon which the assessee asked the Appeal Chamber to amend paragraph 2 of decision no. 186, dated 23.07.2019, of the Independent Qualification Commission and the termination of adjudication for this case, given that object it was initiated has become impossible, pursuant to Article 95, of the Code of Administrative Procedure.
After hearing the final request of the assessee, the adjudication panel withdrew to make the final decision on the case, which shall be announced on 11.11.2020, at 10.00.
The public hearing shall take place at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.