Calendar

Announcement

The Appeal Chamber has registered the case (JR) no. 44/2021, dated 09.08.2021, corresponding to the appeal of the assessee Tomorr Kullolli against decision no. 396, dated 09.06.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Ardian Hajdari

Members: Sokol Çomo, Ina Rama, Albana Shtylla

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Announcement

The Appeal Chamber has registered the case (JR) no. 45/2021, dated 16.08.2021, corresponding to the appeal of the assessee Agim Dalipaj against decision no. 402, dated 17.06.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Ina Rama

Members: Ardian Hajdari, Natasha Mulaj, Albana Shtylla

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Announcement

The Appeal Chamber has registered the case (JR) no. 46/2021, dated 23.08.2021, corresponding to the appeal of the assessee Luveda Dardha against decision no. 398, dated 11.06.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Sokol Çomo

Rapporteur: Rezarta Schuetz

Members: Ardian Hajdari, Natasha Mulaj, Albana Shtylla

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Announcement

The Appeal Chamber has registered the case (JR) no. 47/2021, dated 23.08.2021, corresponding to the appeal of the assessee Anila Galanxhi (Pappa) against decision no. 421, dated 13.07.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Ina Rama

Rapporteur: Natasha Mulaj

Members: Sokol Çomo, Ardian Hajdari, Albana Shtylla

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Announcement

The Appeal Chamber has registered the case (JR) no. 48/2021, dated 30.08.2021, corresponding to the appeal of the assessee Alma Hicka against decision no. 364, dated 02.04.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Ina Rama

Rapporteur: Ardian Hajdari

Members: Sokol Çomo, Natasha Mulaj, Rezarta Schuetz

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Announcement

The Appeal Chamber has registered the case (JR) no. 49/2021, dated 31.08.2021, corresponding to the appeal of the assessee Avni Kraja against decision no. 386, dated 18.05.2021, of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Albana Shtylla

Rapporteur: Ina Rama

Members: Sokol Çomo, Ardian Hajdari, Rezarta Schuetz

Kolegji i Posaçëm i Apelimit zhvilloi sot, më datë 08.09.2021, ora 10:00, seancën gjyqësore publike të çështjes (JR) 30/2021, datë 02.06.2021, që i përket ankimit të Komisionerit Publik kundër vendimit të Komisionit të Pavarur të Kualifikimit nr. 374, datë 23.04.2021, që lidhet me subjektin e rivlerësimit Shkëlqim Miri.

Pasi konstatoi mosprezencën e subjektit të rivlerësimit apo të ndonjë përfaqësuesi ligjor të tij, kryesuesi i seancës bëri me dije se subjekti i rivlerësimit ka konfirmuar marrjen e njoftimit për zhvillimin e seancës gjyqësore në Kolegj dhe nuk ka paraqitur ndonjë shkak të arsyeshëm ligjor për të mos marrë pjesë në këtë gjykim.

Me vijimin e shqyrtimit të çështjes në mungesë të subjektit të rivlerësimit, Komisioneri Publik paraqiti konkluzionet përfundimtare, duke i kërkuar përfundimisht Kolegjit: të marrë në shqyrtim vendimin nr. 374, datë 23.04.2021 të Komisionit të Pavarur të Kualifikimit dhe në zbatim të nenit 66, të ligjit nr.84/2016, të vendosë:

Ndryshimin e pikës 1 të dispozitivit të këtij vendimi, duke e kategorizuar procesin e rivlerësimit të z. Shkëlqim Miri si çështje të papërfunduar për efekt të juridiksionit të rivlerësimit.

Po ashtu, Komisioneri Publik, referuar pikës 2, të nenit 66, të ligjit nr.84/2016, i kërkoi Kolegjit që në arsyetimin e vendimit të tij, të orientojë Komisionin për zgjidhjen e çështjeve të ngjashme.

Pasi dëgjoi konkluzionet përfundimtare të Komisionerit Publik, trupi gjykues u tërhoq për marrjen e vendimit përfundimtar për çështjen, të cilin do ta shpallë më datë 16.09.2021, ora 13:00.

Seanca publike do të zhvillohet në ambientet e Kolegjit të Posaçëm të Apelimit, në adresën: Bulevardi “Dëshmorët e Kombit”, nr.3. Tiranë.

Today on 08.09.2021, at 10:00 h the Appeal Chamber held the public hearing of case (JR) 30/2021, dated 02.06.2021, corresponding to the appeal of the Public Commissioner against the decision of the Independent Commission of Qualification no. 374, dated 23.04.2021, related to the assessee Shkëlqim Miri.

After establishing the absence of the assessee or any of his legal representatives, the presiding judge informed the court that the assessee has confirmed the receipt of the notification for the hearing and failed to file any reasonable legal grounds for not attending this hearing.

Following the review of the case in the absence of the assessee, the Public Commissioner submitted the final conclusions, requesting in his final conclusions that the Appeal Chamber: reviews decision no. 374, dated 23.04.2021 of the Independent Qualification Commission and pursuant to Article 66 of Law no. 84/2016, and decides:

The amendment of paragraph 1 of the enacting clause of this decision, classifying the re-evaluation process of Mr. Shkëlqim Miri as a case unconcluded for the effect of the re-evaluation jurisdiction.

Also, the Public Commissioner, referring to Article 66, paragraph 2, of Law no. 84/2016, requested the Chamber to guide the Commission in resolving similar cases in the reasoning of its decisions.

Following the final conclusions of the Public Commissioner, the trial panel withdrew to make the final decision on the case, to be announced on 16.09.2021, at 13:00 h.

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

Today, on 08.09.2021, at 12:00 h, the Appeal Chamber held the public hearing of case (JR) 53/2019, dated 25.10.2019, corresponding to the appeal of the Public Commissioner against decision no. 183, dated 19.07.2019, of the Independent Commission of Qualification, related to the assessee Petrit Çano.

The Public Commissioner and the International Observer of the International Monitoring Operation stated that they were informed with the legal and constitutional interpretation of the intelligence authority, and that it was not possible to acquaint them with the “state secret” classified information which led to the amendment of the background assessment report from appropriate, to inappropriate.

As two hearings on this case have been postponed to get acquainted with the ground that led to the revision of the background assessment report, the Public Commissioner stated that he leaves to the court the evaluation on this ground, underlining that the trial panel shall take it into consideration within the judicial investigation of the case.

Even the legal representative of the assessee stated that he leaves with the court the evaluation of the ground that led to the amendment of the background assessment report for Mr. Petrit Çano.

Since the parties stated that they had no new evidence and requests, the trial panel decided to close the judicial investigation and requested the parties to submit their final conclusions.

At the request of the parties, for the preparation of the final conclusions, the trial panel decided to adjourn the hearing until 14.09.2021, at 14:00 h.

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

Today, on 09.09.2021, at 10:00 h, the Appeal Chamber held the public hearing of case (JR) 12/2021, dated 03.03.2021, corresponding to the appeal of the Public Commissioner against decision no. 324, dated 11.12.2020, of the Independent Commission of Qualification, related to the assessee Sokol Ngresi.

The presiding judge informed the parties on the delivery of the response from the State Cadaster Agency upon the request of the Chamber, as well as of a denunciation forwarded by the Institution of the Public Commissioner against the assessee.

To the purpose of the examination of the case, the assessee submitted several new acts sent at his request by the Prosecution office at Vlora First Instance Court and Vlora Regional Directorate of Taxes, which he demanded to be collected as evidence by the trial panel.

Pursuant to the interim decision of the hearing dated 26.07.2021, in order to investigate the denunciations where it is alleged an undisclosed property by the assessee, the trial panel summoned the citizen F.K. as a witness, who presented his testimony, some original acts of the preliminary immovable property sales contract and responded to the questions of the trial panel, assessee and the observer of the International Monitoring Operation.

When requested by the presiding judge to maintain a position with respect to the witness’s testimony, the assessee stated that it proved the lack of any circumstance for the conclusion of a regular sales contract. According to Mr. Ngresi, the contract submitted by the witness, which was made available to the Public Commissioner and assessee, is forged and untrue.

Based on Article 213 of the Civil Procedure Code and Article 49 of Law 84/2016, the trial panel decided to allow the administration as evidence of the acts submitted by the assessee Mr. Sokol Ngresi, as well as by the witness, citizen F.K. Subsequently, the assessee reiterated his position that the acts submitted in today’s hearing by the witness do not constitute evidence since, according to him, they are falsified and that they are the subject of a criminal proceeding, to prove their intellectual falsity.

With regards to the acts administered as evidence by the trial panel, the Public Commissioner reserved the right to make a statement with the final conclusions, after the closing of the judicial investigation.

Pursuant to Article 49, para 1/b of Law 84/2016, as well as Article 224/a of the Civil Procedure Code, the trial panel decided to submit to the expertise the original acts filed by witness F.K., if there are elements of forgery, as follows:

– Preliminary contract for the sale of real estate; three payment orders and the payment mandate, as well as the declaration of the revocation of the contract.

Also, the trial panel decided to summon an expert from the Scientific Police Institute at the General Directorate of State Police, in the capacity of a forensic expert.

As per the above, the hearing shall be adjourned until 21.09.2021, at 10.00h. The public hearing shall take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no.3. Tirana.