Today, on 15.12.2021, at 13:30h, the Appeal Chamber held the public hearing of case (JR) no.13/2020, dated 01.06.2020, corresponding to the appeal of the Public Commissioner against decision no. 221, dated 10.12.2019, of the Independent Qualification Commission, related to the assessee Anita Jella.
After verifying the presence of the parties, the presiding judge announced that the Chamber has received some denunciations on the account of the assessee and their forwarding to the parties at trial.
During the presentation of his appeal grounds, the Public Commissioner assessed that the assessee made an incomplete, inaccurate and insufficient declaration for the asset assessment, referring to the requirements of Article D of the Annex to the Constitution and Law no. 84/2016, failing to reach a reliable level in the assessment of this criterion. The Public Commissioner stated that there were issues and shortcomings found with respect to proficiency assessment criteria and that the assessee failed to prove their opposite, with respect to the ones shifted upon the burden of proof. While requesting the AC to exercise the evaluative and controlling jurisdiction for the three evaluation criteria, the Public Commissioner, pursuant to Article F, paragraphs 3 and 7, of the Annex to the Constitution, and Article 66, paragraph 1 (b), of Law no. 84/2016, requested the amendment of decision no. 221, dated 10.12.2019, of the Independent Qualification Commission and dismissal from office of the assessee.
The assessee, Mrs. Anita Jella contradicted the appeal grounds of the Public Commissioner for the assets and proficiency assessment criteria, stating that the appeal is unfounded in law, facts and evidence, that the Public Commissioner failed to apply the principle of objectivity and proportionality, and that the assessment carried out by him does not respond to the requirements of Article D of the Annex to the Constitution and Law no. 84/2016.
The assessee, Mrs. Jella, requested the Appeal Chamber to reopen the investigation, administer and accept as evidence certain acts enclosed to the today’s submission, to the purpose of a complete and comprehensive investigation, rebut the Public Commissioner’s appeal and uphold decision no. 221, dated 10.12.2019, of the Independent Qualification Commission.
With respect to the denunciations, the assessee requested a reasonable time for submitting her stand in writing, while the Public Commissioner reserved the right to make a statement after hearing the assessee.
Following the consultations, the trial panel decided to reopen the judicial investigation of the case, as well as to accept the request of the assessee for sufficient time to prepare the response. During this time, the assessee shall prepare the responses regarding some clarifying questions of the case rapporteur made during today’s session. To this aim, the hearing was adjourned to take place on 20.12.2021, at 10:00.
The public hearing will take place at the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.