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April 28
  • 28
    28.April.Wednesday

    Seancë publike

    00:00
    2021.04.28

    Today, on 28.04.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 46/2019, dated 25.09.2019, related to the appeal of the Public Commissioner against decision no. 161, dated 18.06.2019 of the Independent Qualification Commission corresponding to the assessee Kastriot Selita.

    When asked by the presiding judge, the litigants confirmed that they had received the acts delivered from the High Court, Administrative Court of Appeal, Administrative Court of First Instance Tirana, Administrative Court of First Instance Durrës, Administrative Court of First Instance Vlora, State Cadastre Agency Tirana Office, Intesa San Paolo bank, forwarded to them by the Appeal Chamber. The presiding judge informed that pursuant to Article 49, paragraph 1, item c, of Law 84/2016 and Article 224 of the Code of Civil Procedure, the Appeal Chamber administered these acts submitted by the above institutions, based on the requests previously addressed to the Appeal Chamber.

    Following this procedural moment, the Public Commissioner stated his position regarding the provability of the information provided by the institutions in the framework of the public denunciations and the appeal grounds.

    While submitting his objections, the assessee stated that the claims of the Public Commissioner regarding the assets assessment criterion are unfounded, also, according to him, the claims that he has been in situations of conflict of interest during the exercise of his duty, in practical terms are not true and do not represent a legal aspect. Also, the assessee submitted a new act, attached to his objections, a certificate issued by the Administrative Court of Appeals and asked the trial panel of the Appeal Chamber to accept it as evidence.

    After withdrawing for consultation, based on Article 49, paragraph 1, item c, of Law 84/2016, the trial panel decided to administer the certificate of the Administrative Court of Appeal, which will be made available to the Public Commissioner.

    For the purpose of the case review, the trial panel also decided to request additional documentation from the Directorate of Tax Appeals and pending the arrival of this documentation, decided to adjourn the hearing on19.05.2021, at 10:00.

    At the request of the trial panel, during this hearing, in order to respond to the appeal grounds, the assessee will have to state his position regarding the living expenses for 1997-1999, while the litigants must also be prepared for submit their final conclusions.

    The public hearing shall take place at the premises of the Special Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

     

     

    Public hearing

    09:42
    2021.04.28

    Announcement

    Today, on 01.04.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 46/2019, dated 25.09.2019, corresponding to the appeal of the Public Commissioner against decision no. 161, dated 18.06.2019, of the Independent Qualification Commission related to the assessee Kastriot Selita.

    Pursuant to the tasks assigned by the Appeal Chamber trial panel in the previous hearing, the Public Commissioner stated his submissions regarding the content of new acts filed by the assessee and the public denunciations submitted with the Appeal Chamber. The Public Commissioner deemed that even after the new acts, the assessee fails to be convincing regarding the assets assessment and proficiency assessment criteria. He asked the Appeal Chamber to conduct further investigations for the purpose of the appeal grounds, and specifically he requested that the public denunciations be taken into consideration while assessing the proficiency criterion.

    The assessee stated that regarding the claims stated by the Public Commissioner, he shall state his position in the next hearing and submitted two new acts and asked the trial panel of the Appeal Chamber to collect them as evidence.

    After hearing the submission of the Public Commissioner and of the assessee, upon an interim decision, the trial panel decided:

    – To declare the opening of the judicial investigation of the case pursuant to Article F, paragraph 3 of the Annex to the Constitution and Article 45 of law 84/2016.

    – Pursuant to Article 53 of Law 84/2016, to investigate and verify some of the public denunciations submitted with the Appeal Chamber.

    – To accept and collect the new evidence submitted by the assessee in the hearing of 17 March 2021 and in today’s hearing, dated April 1, 2021.

    – To request additional information and explanatory information from: the High Court, the Administrative Court of Appeal, First Instance Administrative Court Tirana, First Instance Administrative Court Durrës, First Instance Administrative Court Vlora, State Cadastrial Agency Tirana Office, Intesa San Paolo Bank

    The presiding judge informed that the subsequent public hearing shall take place on 28.04.2021, at 10:00 and that the Appeal Chamber shall inform the litigants in the process regarding any further communications with the aforementioned institutions.

    The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.