The Appeal Chamber held on 28.10.2025, at 10:00, the public hearing of case (JR) 6/2024, dated 14.02.2024, pertaining to the appeal of the Public Commissioner against decision no. 724, dated 13.12.2023, of the Independent Qualification Commission, related to the assessee Arben Agovi.

The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania has set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office. Pursuant to Article 199, paragraph 2 of the Civil Procedure Code, the trial panel decided on the procedural transfer from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office, Mr. Klodjan Braho, present at the hearing.

In his submissions regarding the appeal grounds related to the proficiency assessment criterion, the representative of the Head of the Special Prosecution Office held that there is a repeated lack of undertaking investigations and collecting evidence, as well as a lack of logical reasoning during the administration of the criminal proceedings by the assessee during the exercise of his office. As to the asset assessment criterion, the representative of the Head of the Special Prosecution Office maintained that although the financial insufficiency found in covering the assets with legitimate sources does not reach such extent that it could lead to the dismissal from office, it should be taken into consideration by the Appeal Chamber in the overall evaluation of the case. Mr. Klodjan Braho stated that the above conclusions will be reassessed after reviewing the evidence and explanations of the assessee during the proceedings at the Chamber, but referring to the state of the acts, the representative of the Head of the Special Prosecution Office requested the amendment of decision no. 724, dated 13.12.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Arben Agovi.

The legal representative of the assessee, while providing detailed explanations regarding the appeal grounds, stated that they are formal and unsupported on the acts of the case file and that the actions of the assessee during the exercise of his office are full and complete, confirmed as well by the court decisions of the respective cases. The legal representative disputed the position of the representative of the Head of the Special Prosecution office regarding the asset assessment criterion, since according to him, it is not a substantial, evidence-based appeal ground. The legal representative of the assessee requested the upholding of decision no. 724, dated 13.12.2023 of the Independent Qualification Commission.

With regard to the public complaints, the representative of the Head of the Special Prosecution Office stated that they contain no relevant data for the case. The assessee shared the same position with the representative of the Head of the Special Prosecution Office.

After hearing the parties’ positions, the trial panel decided to not open an investigation into the complaints, as they fail to meet the requirements of Article 53 of Law no. 84/2016.

In order to provide the parties reasonable time to prepare their final conclusions, the trial panel decided to postpone the hearing to 04.11.2025, at 13:30.

The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.