The Appeal Chamber held on 06.10.2025, at 10:00, the public hearing of case (JR) 42/2024, dated 28.10.2024, pertaining to the appeal of the Public Commissioner against decision no. 779, dated 28.06.2024 of the Independent Qualification Commission, related to the assessee Aurel Zarka.
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 to transfer the procedural role 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. Adnan Xholi, present at the hearing.
The legal representative of the assessee, authorized upon a power of attorney, filed a request for postponement of the hearing in order to expect the conclusion of the trial of the criminal case against the assessee at the Special Court of Appeal for Corruption and Organized Crime, on 10.10.2025, since according to him, this decision would affect the position they would take in the case before the Appeal Chamber. After hearing the position of the representative of the Head of the Special Prosecution Office, who expressed his support for the continuation of the trial, the panel decided to dismiss the request, inviting the parties to continue with their submissions.
The representative of the Head of the Special Prosecution Office held that given the new circumstance, the criminal prosecution of the assessee, he requested the Chamber the reopening of the judicial investigation of the case, with the aim of addressing the relevant institutions for updating the information to assess whether the assessee reaches a reliable level for confirmation in office based on the three assessment criteria, assets, background and proficiency. The representative of the Head of the Special Prosecution Office requested, alternatively, the amendment of decision no. 779, dated 28.06.2024 of the Independent Qualification Commission or its upholding.
The legal representative of the assessee provided his explanations with respect to the appeal and left in the Chamber’s assessment the request to address the institutions for updated information, emphasizing cases when this information would not affect the case under trial. The legal representative requested the upholding of decision no. 779, dated 28.06.2024 of the Independent Qualification Commission.
The trial panel, after hearing the submissions of the parties and the request of the representative of the Head of the Special Prosecution, pursuant to Article F, paragraph 3 of the Annex to the Constitution, and Articles 45 and 49/1 of Law no. 84/2016, decided:
– to reopen the judicial investigation of the case, requesting the updated report from the National Agency of Classified Security Information (AKSIK), on the background check for the assessee Aurel Zarka.
– to request investigative materials on the two criminal proceedings to the Prosecution Office at Vlora Court of First Instance and the Special Court of Appeal against Corruption and Organized Crime.
The next public hearing shall take place on 13.11.2025, at 10:00, at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
