Today, on 29.04.2024, at 10:00, the Special Appeal Chamber held the public hearing of the case (JR) 30/2023, dated 14.07.2023, related to the appeal of the Public Commissioner filed against the decision of the Independent Commission of Qualification, no. 675, dated 16.06.2023, corresponding to the assessee Alfred Balla.
During the presentation of the appeal grounds, the Public Commissioner assessed that the decision of the Independent Qualification Commission to declare the termination of the re-evaluation process for the assessee Mr. Alfred Balla, without a final decision, is not fair and not based on the legislation that regulates the re-evaluation process. According to the Public Commissioner, the assessee has exercised his rights, by expressing his unwavering will to terminate his re-evaluation process, choosing ipso jure the prohibition as per the provisions of Article G of the annex to the Constitution, to be appointed as a judge or prosecutor of any level, a member of the High Judicial Council or the High Prosecution Council, the High Inspectorate of Justice or the General Prosecutor for a period of 15 years.
The assessee, together with the legal representative, objected the appeal of the Public Commissioner, stating that since Mr. Alfred Balla has not submitted his resignation, the prohibitions provided for in Article G of the Annex to the Constitution cannot be applied in his case. In support of his claims, the assessee has requested the administration of some additional acts and asked the trial panel to uphold the decision of the Independent Qualification Commission, no. 675, dated 16.6.2023.
After being consulted, the trial panel, by majority vote, decided to open the judicial investigation of the case and to administer as evidence the documents filed by the assessee, except for those that could be accessed online, as well as the documents that were already part of the file.
After the parties stated that they had no further procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to present their final conclusions.
In the end, the Public Commissioner requested the amendment of decision no. 675, dated 16.6.2023, of the Independent Qualification Commission, as follows:
1. Termination of the re-evaluation process for the assessee, Mr. Alfred Balla.
2. Prohibition of the assessee, Mr. Alfred Balla, to be appointed a judge or prosecutor of any level, a member of the High Judicial Council or the High Prosecution Council, the High Inspectorate of Justice or the General Prosecutor for a period of 15 years.
In the end, the assessee made the same requests, upholding of decision no. 675, dated 16.6.2023, of the Independent Qualification Commission.
After hearing the final conclusions of the parties, the trial panel withdraw to make the final decision, which will announced on 21.05.2024, at 15:00.
The public hearing shall take place at the premises of the Special Appeal Chamber, at: Bulevardi “Dëşhmorët e Kombit”, nr. 3. Tirana.