Today, on 12.06.2023, at 10:00, the Appeal Chamber held the public hearing of case (JR) 16/2023, dated 24.04.2023, pertaining to the appeal of the Public Commissioner against decision no. 629, dated 03.03.2023, of the Independent Qualification Commission, related to the assessee Besnik Cengu.
The Public Commissioner, during the submission of the appeal grounds, assessed that the IQC decision no. 629, dated 03.03.2023, which ruled the termination of the transitional re-evaluation process for Mr. Besnik Cengu without a final decision on the case, must be amended, deciding the termination of the vetting process for the assessee and the application of the legal consequence provided for in Article G, paragraph 2, of the Annex to the Constitution.
The assessee contested the appeal grounds of the Public Commissioner, assessing them as unsubstantiated and without legal cause. The assessee stated that his request for early retirement benefits was due to health reasons, so his case should not be examined in reference to Article G, paragraph 2, of the Annex to the Constitution. In support of his claims, the assessee filed several documents, accepted as evidence by the court.
Following several questions of the rapporteur addressed to the assessee in view of the examination of the case and after the parties declared that they had no other procedural requests, the trial panel decided to close the judicial examination of the case and invited the parties to file their final conclusions of the case.
Holding that the new evidence does not affect the appeal, the Public Commissioner ultimately requested the amendment of decision no. 629, dated 03.03.2023, of the Independent Qualification Commission, deciding the termination of the transitional vetting process for the assessee Mr. Besnik Cengu and in the application of Article G, paragraph 2, of the Annex to the Constitution, the prohibition of the assessee Mr. Besnik Cengu to be appointed judge or prosecutor of any level, member of the High Judicial Council or the High Prosecutorial Council, High Inspector of Justice or Prosecutor General for a period of 15 years.
The assessee requested ultimately the upholding of decision no. 629, dated 03.03.2023, of the Independent Qualification Commission, stating that it is a fair decision, supported on Article 4, paragraph 6 of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Article 64, paragraph 1 (c) of Law no. 96/2016, “On the status of judges and prosecutors in the Republic of Albania”, as amended, as well as Article 95 of the Administrative Procedure Code. The assessee requested the AC to declare the re-evaluation process complete, without a final decision on the case, as the object for which the procedure has started has become impossible.
After hearing the final submissions of the parties, the panel decided to withdrew to make the final decision of the case, to be announced on June 13, 2023, at 13:00.
The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.