The Appeal Chamber held on 15.09.2021 the public hearing of case (JR) 8/2020, dated 07.02.2020, related to the appeal of the assessee Arben Vrioni against decision no. 214, dated 22.11.2019 of the Independent Qualification Commission.
The legal representative of the assessee submitted a preliminary request, demanding the finding of the absolute invalidity of the decision of the Independent Qualification Commission and re-opening of the administrative investigation, for the three re-evaluation criteria. The trial panel found that this request is not included in the preliminary requests and that the object of the trial in chambers was in reviewing such requests. According to the trial panel, the ground for the transfer of the case to a public hearing was to remedy the procedural error of the Independent Qualification Commission and to guarantee the assessee the protection of fundamental rights related to his case, in the implementation of Article F, para 3 of the Annex to the Constitution and Article 51, para 1/b, of Law no. 49/2012.
Subsequently, the assessee presented his submission in detail, based on the claim that the decision of the Independent Qualification Commission was not made in the form required by law and lacking a complete, three-dimensional investigation.
In the context of the examination of the case, the trial panel allowed the collection as evidence of some acts, which were in the form required by law, filed by the assessee, Mr. Vrioni, to support his claims.
Furthermore, the assessee requested a time limit to file some the other acts in the form required by law, which were not collected as evidence by the trial panel. This request was rejected by the trial panel pursuant to the provisions of Article 49, para 6/a, of Law no. 84/2016.
Following some explanatory questions of the presiding judge addressed to the assessee in the context of the case and once Mr. Vrioni stated that there were no additional requests, the presiding judge declared the closure of the judicial investigation.
In the final conclusions, the representative of the assessee requested the Panel to find the absolute invalidity of the decision of the Independent Qualification Commission and consequently amending that decision by qualifying the assessee to be a judge. The assessee requested that if the trial panel has all the evidence for the other two criteria, to assess them or otherwise to overrule the decision of the Independent Qualified Commission and carry out the assessment of the other two criteria.
In order to announce the final decision on the case, the trial panel decided to adjourn the hearing, to be held on 27.09.2021, at 14:00h.
The public hearing will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.