The Appeal Chamber held on 06.11.2020, 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-complaint of the assessee Elvin Gokaj, against decision no. 187, dated 24.07.2019 of the Independent Qualification Commission.
The presiding judge confirmed that the Public Commissioner had submitted with the Appeal Chamber the clarified and elaborated appeal grounds, in fulfillment of the tasks assigned by the adjudication panel upon an intermediate decision, in the hearing of 2 November 2020.
While the Public Commissioner stated that he stands by the appeal grounds elaborated by him, the legal representative of the assessee confirmed the she had gotten acquainted with these appeal grounds as the Appeal Chamber had made them available to her and she stated the position of the assessee with regard to the appeal grounds filed by the Public Commissioner.
The legal representative stated that the evidence submitted by the assessee is sufficient to dismiss the appeal grounds of the Public Commissioner and deemed that the financial analysis of the Public Commissioner is not in accordance with the law and the evidence.Following the submission of the assessee and after an extensive court debate on the appeal and financial analysis, on behalf of the adjudication panel the case rapporteur stated their decision-making, which is as follows:
- Given that the adjudication panel continues to remain unclear about the appeal grounds filed by the Public Commissioner – in order to clarify them and be more specific, especially with regard to the joint bank account for which the Public Commissioner has claimed that based on the provisions of the Civil Code, the assessee’s spouse has 50% share, – the adjudication panel requests from the Public Commissioner to submit within 9 November 2020, at 15:00, the analysis on the financial capacity of the assessee and his spouse to create these accounts on the date of their creation.
This analysis has to be carried out in function of the claim of the Public Commissioner for lack of lawful sources until the creation date of these accounts and not until the end of the year of their creation, as it was carried out the financial analysis which was deliberated in today’s hearing.
The presiding judge announced that by 9 November 2020, the new financial analysis will be forwarded to the assessee, so that he can prepare to state his position regarding this analysis at the next hearing, which shall be held on 11 November 2020, at 12:00. The litigants must be prepared to state their final conclusions in this hearing.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.