On 27.07.2022, at 09:00, the Appeal Chamber held the public hearing of case (JR) 29/2020, dated 16.07.2020, pertaining to appeal of the assessee Ardit Mustafaj against decision no. 245, dated 05.03.2020 of the Independent Qualification Commission.
The assessee was heard by the trial panel, as he submitted his objections to the IQC decision no. 245, dated 05.03.2020, holding that this decision, based on grounds related to only one criterion, the assets’ one, is biased, contains erroneous findings, is arbitrary and it is entirely contrary to the principle of proportionality. The assessee requested the re-opening of the judicial investigation and the collection as evidence of some new acts, for which he stated that it was not his fault they were not filed during the administrative process to the Independent Qualification Commission.
Subsequently, the trial panel, after being consulted, decided:
– To open the judicial investigation and administer in the case file the acts forwarded by the IQC.
– By a majority vote, based on Article 47 of Law 49/2012 as well as Articles 45 and 49 of Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, to administer in the capacity of evidence the acts that the assessee filed with the appeal, in his submissions and in the explanations filed in today’s hearing, related to the facility “building”, 1+1, in Saranda.
– Administer in the case file an expert report, drafted in February 2020, filed in today’s hearing, despite the fact that it does not constitute new evidence.
– By a majority vote, to accept as evidence the documents related to the spouse income from teaching, the donations from the parents of the related person, the savings deposit in the Savings Bank, specified in the explanations filed in today’s hearing.
– As regards the acts entitled as “other documents”, the trial panel considers them as procedural acts administered in the case file, in view of the decision it made for the consideration of this case in a public hearing.
– The trial panel decided to reject to accept as evidence the acts that do not meet the requirements of Article 47 of Law 49/2012 and which are considered unnecessary, in the sense of Article 49 of Law 84/2016, related to a loan obtained by the assessee, the reduction of living costs, and the disproportionality of the intervention in private and family right, specified in the explanations filed in today’s hearing, as well as those filed today by the assessee in relation to the loan.
Following the above interim decision, given that the assessee had no other procedural requests, the trial panel decided to close the judicial investigation of the case and invited the assessee to submit his final conclusions.
During the presentation of the final conclusions, the assessee requested the Chamber the overruling of the conclusions of the Independent Qualification Commission for insufficient declaration and lack of legitimate sources related to the asset assessment, since, according to him, they are contrary to the Constitution, the law and the AC case-law. Referring to the IQC decision, the assessee stated that the measure of his removal from office is not proportional in relation to the purpose that Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania” aims to achieve. Finally, the assessee requested the amendment of the IQC decision no. 245, dated 05.03.2020 and the confirmation in office, by amending the IQC conclusions for the asset assessment criterion, evaluating that he has reached a reliable level in this criterion as well.
After hearing the final request of the assessee, the trial panel withdrew to make the final decision, to be announced on September 21, 2022, at 13:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.