The Special Appeal Chamber held on 03.02.2026, at 10:00, the public hearing of case (JR) 54/2023, dated 14.11.2023, pertaining to the appeal of the Public Commissioner against decision no. 698, dated 15.09.2023 of the Independent Qualification Commission, related to the assessee Gjergji Tako.

The presiding judge announced that following the interim decision of the hearing dated 15.12.2025, the requested acts regarding the denunciation of citizen A. L have reached the Appeal Chamber from the Prosecution Office at the First Instance Court of General Jurisdiction of Tirana and the Court of Appeal of General Jurisdiction of Tirana, and the parties have exercised their right to be acquainted with them. The Head of the Special Prosecution Office expressed his agreement to their admission as evidence, stating that he shall make a statement on their probative value in the final conclusions.

With regard to this denunciation, the assessee submitted additional explanatory materials and new acts enclosed, according to him, in view of a more complete investigation, which he requested to be accepted as evidence.

The trial panel decided to accept as evidence the documents forwarded by the Prosecution Office at the First Instance Court of General Jurisdiction of Tirana and the Court of Appeal of General Jurisdiction of Tirana regarding the criminal proceedings against citizen A. L, addressed in the complaint lodged by this citizen with the Appeal Chamber, as well as the additional explanatory material with the attached documents submitted by the assessee in today’s hearing, in response to the complaint.

Once the parties declared that they had no other procedural requests, the trial panel decided to close the judicial investigation and invited them to present their final conclusions.

The Head of the Special Prosecution Office, referring to the proficiency assessment criteria, after evaluating the evidence, divided the appeal grounds into two groups, explaining that some of them have been remedied, while the rest show deficiencies and issues that prove a modus operandi that cannot be corrected by the training program at the School of Magistrates and that should be taken into consideration in the overall evaluation of the case, along with the problems resulting from a public denunciation and behaviors identified outside the exercise of the office, in relation to the implementation of the law, which violate the ethics of the magistrate.

Finally, the Head of the Special Prosecution Office, pursuant to Article 61, paragraph 5 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, requested the amendment of decision no. 698, dated 15.09.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Gjergji Tako.

The legal representative of the assessee objected to the position of the Head of the Special Prosecution Office, stating that the noticed shortcomings, not only have not led to a violation of public trust or a violation of the rights of any individual, but they are merely formal, lacking any material consequence and that the disciplinary measure of dismissal from office would be clearly disproportionate to the nature of these violations. Finally, the assessee, after submitting his position regarding a public denunciation, requested the upholding of decision no. 698, dated 15.09.2023, of the Independent Qualification Commission.

After hearing the final positions of the parties, the trial panel decided to close the judicial review of the case and withdrew in chambers to make the final decision, which shall be announced on 27.02.2026, at 09:30.

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

The Special Appeal Chamber Panel held on 03.02.2026, at 12:00, the public hearing of case (JR) no. 39/2024, dated 15.10.2024, pertaining to the appeal of the Public Commissioner against decision no. 774, dated 14.06.2024 of the Independent Qualification Commission, related to the assessee Petrit Vukaj.

Given the fact that in today’s hearing the assessee lodged additional acts following those submitted in the hearing dated 27.01.2026, the trial panel decided to revoke the interim decision taken in that hearing to close the judicial investigation, thereby reopening it, in order to collect as evidence these new acts.

Following the subsequent closure of the judicial investigation, the parties continued in the submission of their final conclusions.

The representative of the Head of the Special Prosecution Office, Mr. Adnan Xholi, stated that the assessee failed to prove the opposite of the appeal regarding the asset and proficiency assessment criteria, being found in terms of incorrect and insufficient declaration of assets and deficient in terms of the legal knowledge and reasoning capabilities. Mr. Xholi stated that the appeal grounds related the background criterion have been remedied, but this does not affect the request in the appeal. The representative of the Head of the Special Prosecution Office, pursuant to Article 61, paragraphs 3 and 5 of Law no. 84/2016, finally requested the Appeal Chamber the amendment of decision no. 774, dated 14.06.2024 of the Independent Qualification Commission and the dismissal from office of the assessee Petrit Vukaj.

The legal representative of the assessee objected to the position of the representative of the Head of the Special Prosecution Office, stating that with respect to the asset assessment criterion, based on the acts in the file, the negative balance is minimal and, taking into account the principle of proportionality, it cannot constitute a legal or factual ground for issuing the disciplinary measure of dismissal from office. As to the proficiency criterion, the legal representative, in disputing the appeal, provided explanations for each of the criminal proceedings administered by the assessee during the exercise of his office and finally requested the dismissal of the appeal and the upholding of decision no. 774, dated 14.06.2024 of the Independent Qualification Commission.

After hearing the final conclusions of the parties, the trial panel decided to close the trial and withdrew in chambers to make the final decision, which it shall announce on 05.02.2026, at 15:00.

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

The trial panel of the Special Appeal Chamber, consisting of judges, Sokol Çomo, presiding, Natasha Mulaj, rapporteur, Albana Shtylla, Mimoza Tasi, Rezarta Schuetz, members, announced the decision on case no. 46/2024, dated 11.11.2024, pertaining to the appeal of the Public Commissioner against decision no. 803, dated 01.10.2024 of the Independent Qualification Commission, related to the assessee Periand Teta.

At the conclusion of the trial, the trial panel, pursuant to Article 4, paragraph 6 of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, and in Articles 451 (b) and 463 of the Civil Procedure Code, by a majority vote, decided:

• Dismissal at the Special Appeals Chamber of the review of case (JR) no. 46/2024 pertaining to the appeal of the Public Commissioner against decision no. 803, dated 01.10.2024, of the Independent Qualification Commission, related to the assessee Periand Teta.

This decision is final and effective immediately.

Announced today, on 03.02.2026, in Tirana.

The Special Appeal Chamber held on 04.02.2026, at 10:00, the public hearing of case (JR) no. 36/2024, dated 09.09.2024, pertaining to the appeal of the Public Commissioner against decision no. 778, dated 28.06.2024 of the Independent Qualification Commission, related to the assessee Vjollca Spahiu.

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 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. Adnan Xholi, present at the hearing.

During the submission of the appeal grounds, the representative of the Head of the Special Prosecution Office stated that the assessee, Ms. Vjollca Spahiu, is found in terms of incorrect and insufficient declaration of assets, as well as the lack of legitimate financial sources, under Article 61, paragraph 3 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”. Mr. Adnan Xholi stated that the fictitious legal transactions undertaken by her in order to obtain a commercial loan place her under the conditions of Article 61, paragraph 5 of Law no. 84/2016, undermining public trust in the justice system. The representative of the Head of the Special Prosecution Office stated that during AC proceedings, the assessee is entitled to lodge additional evidence and arguments in disputing the appeal, but referring to the current state of the acts, Mr. Xholi requested the amendment of decision no. 778, dated 28.06.2024 of the Independent Qualification Commission and the dismissal from office of the assessee Vjollca Spahiu.

The assessee, in her submissions, stated that the appeal grounds are unfounded in law and evidence, unsubstantiated, irrational and inconsistent with the provisions of Article 61, paragraphs 3 and 5 of Law no. 84/2016. In support of her claims, Ms. Vjollca Spahiu submitted new acts, which she requested to be admitted as evidence.

Subsequently, the trial panel decided to open the judicial investigation and admit as evidence the acts submitted by the assessee.

Once the parties stated that they had no other procedural requests, the trial panel decided to close the judicial investigation and invited them to present their final conclusions. In order to give the parties a reasonable time to their preparation, the trial panel decided to postpone the hearing to 11.02.2026, at 14:00.

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

The Special Appeal Chamber held on 04.02.2026, at 14:00, the public hearing of case (JR) no. 34/2024, dated 06.09.2024, pertaining to the appeal of the Public Commissioner against decision no. 768, dated 31.05.2024 of the Independent Qualification Commission, related to the assessee Sonjela Voskopi.

The presiding judge informed the parties that all investigative actions specified in the interim decision of the previous hearing dated 19.01.2026 had been carried out, and once the parties declared that they had no other procedural requests, it was decided to close the judicial investigation and continued with the presentation of the final conclusions.

The representative of the Head of the Special Prosecution Office, Mr. Adnan Xholi stated that, taking into account the acquaintance at the source with the classified information, the response of the Special Structure against Corruption and Organized Crime (SPAK), which confirms that no criminal charges or proceedings have been registered against the assessee’s partner, and by analyzing all available evidence, the issues identified for the three vetting criteria do not appear to be of such an extent as to be considered serious, or the application of the measure of dismissal from office. Mr. Xholi requested that the findings in the three criteria, background, proficiency and assets, be assessed by the AC in the overall evaluation of the case according to Article 4, paragraph 2 of Law no. 84/2016, deciding the upholding of decision no. 768, dated 31.05.2024 of the Independent Qualification Commission.

The assessee considered fair and proportionate the final position of the representative of the Head of the Special Prosecution Office, and finally requested the trial panel the dismissal of the consideration of case (JR) no. 34/2024, dated 06.09.2024.

Following the hearing of the final conclusions of the parties, the trial panel withdrew in chambers to make the final decision, which it shall announce on 05.02.2026, at 14:30.

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

The trial panel of the Special Appeal Chamber, consisting of judges, Rezarta Schuetz, presiding, Albana Shtylla, rapporteur, Mimoza Tasi, Natasha Mulaj, Sokol Çomo, members, announced the decision on case no. 39/2024, dated 15.10.2024, pertaining to the appeal of the Public Commissioner against decision no. 774, dated 14.06.2024 of the Independent Qualification Commission, related to the assessee Petrit Vukaj.

At the conclusion of the trial, the trial panel, pursuant to Article 66, paragraph 1 (a) of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:

• Upholding decision no. 774, dated 14.06.2024 of the Independent Qualification Commission, related to the assessee Petrit Vukaj.

This decision is final and effective immediately.

Announced today, on 05.02.2026, in Tirana.

The trial panel of the Special Appeal Chamber, consisting of judges, Sokol Çomo, presiding, Rezarta Schuetz, rapporteur, Ina Rama, Mimoza Tasi, Natasha Mulaj, members, announced the decision on case no. 34/2024, dated 06.09.2024, pertaining to the appeal of the Public Commissioner against decision no. 768, dated 31.05.2024, of the Independent Qualification Commission, related to the assessee Sonjela Voskopi.

At the conclusion of the trial, the trial panel, pursuant to Article 4, paragraph 6 of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, and Articles 451 (b) and 463 of the Civil Procedure Code, by a majority vote, decided:

• Dismissing the consideration at the Special Appeal Chamber of case (JR) no. 34/2024, dated 06.09.2024, pertaining to the appeal of the Public Commissioner against decision no. 768, dated 31.05.2024, of the Independent Qualification Commission, related to the assessee Sonjela Voskopi.

This decision is final and effective immediately.

Announced today, on 05.02.2026, in Tirana.

The Special Appeals Chamber held on 10.02.2026, at 10:00, the public hearing of case (JR) 15/2024, dated 17.04.2024, pertaining to the appeal of the Public Commissioner and the appeal of the assessee against decision no. 739, dated 26.02.2024 of the Independent Qualification Commission, related to the assessee Mimoza Margjeka.

During the verification of the presence of the parties, the presiding judge noted the absence of the assessee and announced that Ms. Mimoza Margjeka had reported no reasonable cause for her absence. Under these conditions, the trial panel decided to continue the trial of the case in absentia, reasoning that there are no legal grounds for the absence of the assessee, after hearing also the representative of the Head of the Special Prosecution Office, Mr. Adnan Xholi, who shared the same position.

The presiding judge reported that yesterday, the Special Appeals Chamber announced the decision of Disciplinary Jurisdiction no. 1/2026 (JD) dated 27.01.2026 for the non-acceptance of the appeal of magistrate Mimoza Margjeka against decision no. 180, dated 09.04.2024 of the High Judicial Council, “On the imposition of a disciplinary measure against judge Mimoza Margjeka”. This decision on case (JD) no. 1/2024, dated 03.05.2024, with interested parties the High Judicial Council and the High Inspector of Justice, was notified to Ms. Mimoza Margjeka yesterday, on 09.02.2026.

The presiding judge also informed the parties that the assessee had submitted today, before the initiation of the hearing, a request for the exclusion of the trial panel members of case (JR) 15/2024, dated 17.04.2024, a request which is being formally evaluated by the Chamber whether it meets the legal conditions for consideration. The presiding judge informed that under Article 75 of the Civil Procedure Code, the trial panel shall not suspend the trial but it shall continue the consideration of the case, until the request is addressed, such process to be necessarily completed before the final decision.

During the submission of the appeal grounds, the representative of the Head of the Special Prosecution Office, taking into account the criminal conviction of the assessee by a final decision, requested the Chamber to assess whether the institutions of ordinary jurisdiction, the High Judicial Council and the High Inspector of Justice have met the constitutional obligation to issue the disciplinary measure of dismissal from office for magistrate Mimoza Margjeka, since it does not result from the acts of the case file that the Independent Qualification Commission has addressed these institutions in terms of its decision no. 739, dated 26.02.2024, on her dismissal from office.

After being consulted, the trial panel decided to administer as evidence for this trial decision no. 180, dated 09.04.2024 of the High Judicial Council, “On the imposition of a disciplinary measure against Judge Mimoza Margjeka” and the decision of the Special Appeals Chamber of Disciplinary Jurisdiction no. 1/2026 (JD) dated 27.01.2026 for the non-acceptance of the appeal of magistrate Mimoza Margjeka against the decision of the High Judicial Council. The above evidence was also made available to the representative of the Head of the Special Prosecution Office, Mr. Adnan Xholi.

After being acquainted with the evidence, when questioned by the presiding judge, the representative of the Head of the Special Prosecution Office stated that he had no other procedural requests. Subsequently, the trial panel decided to close the judicial investigation of the case and invited Mr. Xholi to present his final conclusions.

The representative of the Head of the Special Prosecution Office stated that, considering that the decision of the High Judicial Council has become final, it turns out that the institutions of ordinary jurisdiction have met the constitutional obligation to issue the disciplinary measure of dismissal from office for the magistrate. Finally, Mr. Xholi requested the Special Appeals Chamber to declare the vetting process for Ms. Mimoza Margjeka concluded without a final decision, as she has lost the status of magistrate.

After hearing the final request of the representative of the Head of the Special Prosecution Office, the trial panel decided to close the judicial review and withdrew in chambers to make the final decision, which it shall announce on 26.02.2026, at 15:30.

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

The Special Appeal Chamber held on 29.01.2025, 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 informed that today, the assessee, Mr. Aurel Zarka, lodged a declaration with the Appeal Chamber, through which he notifies that he has chosen not to participate in the hearing, but to be represented by the lawyer Mr. Julian Mërtiri.

Following the previous hearing, the parties confirmed their acquaintance with the finding of the International Observer and its accompanying acts.

The representative of the Head of the Special Prosecution Office, Mr. Adnan Xholi, after analyzing the above acts, the reports of law enforcement bodies, and the findings of the International Observer, stated that with his behavior, the assessee, Mr. Aurel Zarka, has seriously jeopardized the public’s trust in the justice system and, consequently, fails to meet the constitutional and legal integrity standards necessary for the continuing in his office.

The legal representative of the assessee, Mr. Julian Mërtiri, held that the finding of the International Observer is evasive and unclear, as long as it is supported on acts, the veracity of which depends on the final decision of the ongoing criminal investigation against Mr. Zarka. The legal representative requested the non-admission of this finding as evidence.

The trial panel, after being consulted, decided to accept as evidence the written acts administered by the Chamber, pursuant to the interim decision of the trial panel dated 06.10.2025, the finding of the International Observer, together with the accompanying acts, as well as the positions of the parties on the aforementioned acts held during today’s hearing.

As to the request of the legal representative of the assessee, for the administration of the notification of the decision issued by the High Court to send the case for reconsideration to the Special Court of Appeal for Corruption and Organized Crime, the trial panel announced that it may access it through open sources.

Once the parties declared that they had no other procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to present their final conclusions at the next hearing to be held on 10.02.2026, at 14.00.

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

On Wednesday, 11.02.2026, at 10:00, the Special Appeal Chamber shall consider in camera case (JR) no. 45/2024, dated 11.11.2024, pertaining to the appeal of the assessee Seladin Pysqyli against decision no. 788, dated 25.07.2024 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding:        Natasha Mulaj

Rapporteur:     Rezarta Schuetz

Members:        Albana Shtylla, Mimoza Tasi, Sokol Çomo

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

The Special Appeal Chamber held on 11.02.2026, at 14:00, the public hearing of case (JR) no. 36/2024, dated 09.09.2024, pertaining to the appeal of the Public Commissioner against decision no. 778, dated 28.06.2024 of the Independent Qualification Commission, related to the assessee Vjollca Spahiu.

During the submission of the final conclusions, the representative of the Head of the Special Prosecution Office Mr. Adnan Xholi stated that during the judicial proceedings held at the Appeal Chamber, the assessee, through new evidence and convincing and reasonable explanations, managed to prove the contrary of the appeal regarding the asset assessment criterion. Based on the principle of proportionality, Mr. Adnan Xholi finally requested the Chamber the upholding of decision no. 778, dated 28.06.2024 of the Independent Qualification Commission.

The assessee maintained as objective and fair the position of the representative of the Head of the Special Prosecution Office on the legitimacy of the new evidence, as well as his final request to uphold the decision of the Independent Qualification Commission. Ms. Vjollca Spahiu finally requested the Chamber the rebuttal of the appeal of the Public Commissioner and the dismissal of the consideration of case (JR) no. 36/2024, dated 09.09.2024.

After hearing the final conclusions of the parties, the trial panel decided to close the judicial review of the case and withdrew in chambers to make the final decision, which it shall announce on 12.02.2026, at 16:00.

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

The trial panel of the Special Appeals Chamber, consisting of judges Natasha Mulaj, presiding, Rezarta Schuetz, rapporteur, Albana Shtylla, Mimoza Tasi, Sokol Çomo, members, announced the decision on case no. 45/2024, dated 11.11.2024, pertaining to the appeal of the assessee Seladin Pysqyli against decision no. 788, dated 25.07.2024 of the Independent Qualification Commission.

At the conclusion of the trial in camera, the trial panel, pursuant to Article 66, paragraph 1 (a) of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, unanimously decided:

• Upholding decision no. 788, dated 25.07.2024 of the Independent Qualification Commission, related to the assessee Seladin Pysqyli.

This decision is final and effective immediately.

Announced today, in Tirana, on 11.02.2026.

On Thursday, 12.02.2026, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 45/2022, dated 13.10.2022, pertaining to the appeal of the assessee Brunilda Çarçiu against decision no. 542, dated 20.06.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding:        Natasha Mulaj

Rapporteur:     Mimoza Tasi

Members:        Albana Shtylla, Ina Rama, Rezarta Schuetz

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

The trial panel of the Special Appeals Chamber, consisting of judges, Sokol Çomo, presiding, Rezarta Schuetz, rapporteur, Albana Shtylla, Ina Rama, Mimoza Tasi, members, announced the decision on case no. 36/2024, dated 09.09.2024, pertaining to the appeal of the Public Commissioner against decision no. 778, dated 28.06.2024 of the Independent Qualification Commission, related to the assessee Vjollca Spahiu.

At the conclusion of the trial, the trial panel, pursuant to Article 4, paragraph 6 of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Article 451 (b) and Article 463 of the Civil Procedure Code, unanimously decided:

• Dismissing the consideration in the Special Appeals Chamber of case (JR) no. 36/2024, pertaining to the appeal of the Public Commissioner against decision no. 778, dated 28.06.2024, of the Independent Qualification Commission, concerning the assessee Vjollca Spahiu.

This decision is final and effective immediately.

Announced today, on 12.02.2026, in Tirana.

The trial panel of the Special Appeals Chamber, consisting of judges, Natasha Mulaj, presiding, Mimoza Tasi, rapporteur, Albana Shtylla, Ina Rama, Rezarta Schuetz, members, announced the decision on case no. 45/2022, dated 13.10.2022, pertaining to the appeal of the assessee Brunilda Çarçiu against decision no. 542, dated 20.06.2022 of the Independent Qualification Commission.

At the conclusion of the trial, the trial panel, pursuant to Article 66, paragraph 1 (a) of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:

• Upholding decision no. 542, dated 20.06.2022, of the Independent Qualification Commission, related to the assessee Brunilda Çarçiu.

This decision is final and effective immediately.

Announced today, on 12.02.2026, in Tirana.

On Tuesday, 17.02.2026, at 10:00, the Special Appeal Chamber shall consider in camera case (JR) no. 54/2024, dated 23.12.2024, pertaining to the appeal of the assessee Shpëtime Pitaku against decision no. 790, dated 26.07.2024 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding:        Sokol Çomo

Rapporteur:     Albana Shtylla

Members:        Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz

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

On Wednesday, 18.02.2026, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 35/2024, dated 06.09.2024, pertaining to the appeal of the assessee Saimir Nazifi against decision no. 777, dated 25.06.2024 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding:        Ina Rama

Rapporteur:     Albana Shtylla

Members:        Natasha Mulaj, Rezarta Schuetz, Sokol Çomo

The hearing in camera shall take place in the premises of the Special Appeals Chamber, at the address: Bulevardi “Dëshmorët e Kombit”, no. 3, Tirana.

The Special Appeals Chamber held on 10.02.2026, at 10:00, the public hearing of case (JR) 15/2024, dated 17.04.2024, pertaining to the appeal of the Public Commissioner and the appeal of the assessee against decision no. 739, dated 26.02.2024 of the Independent Qualification Commission, related to the assessee Mimoza Margjeka.

During the verification of the presence of the parties, the presiding judge noted the absence of the assessee and announced that Ms. Mimoza Margjeka had reported no reasonable cause for her absence. Under these conditions, the trial panel decided to continue the trial of the case in absentia, reasoning that there are no legal grounds for the absence of the assessee, after hearing also the representative of the Head of the Special Prosecution Office, Mr. Adnan Xholi, who shared the same position.

The presiding judge reported that yesterday, the Special Appeals Chamber announced the decision of Disciplinary Jurisdiction no. 1/2026 (JD) dated 27.01.2026 for the non-acceptance of the appeal of magistrate Mimoza Margjeka against decision no. 180, dated 09.04.2024 of the High Judicial Council, “On the imposition of a disciplinary measure against judge Mimoza Margjeka”. This decision on case (JD) no. 1/2024, dated 03.05.2024, with interested parties the High Judicial Council and the High Inspector of Justice, was notified to Ms. Mimoza Margjeka yesterday, on 09.02.2026.

The presiding judge also informed the parties that the assessee had submitted today, before the initiation of the hearing, a request for the exclusion of the trial panel members of case (JR) 15/2024, dated 17.04.2024, a request which is being formally evaluated by the Chamber whether it meets the legal conditions for consideration. The presiding judge informed that under Article 75 of the Civil Procedure Code, the trial panel shall not suspend the trial but it shall continue the consideration of the case, until the request is addressed, such process to be necessarily completed before the final decision.

During the submission of the appeal grounds, the representative of the Head of the Special Prosecution Office, taking into account the criminal conviction of the assessee by a final decision, requested the Chamber to assess whether the institutions of ordinary jurisdiction, the High Judicial Council and the High Inspector of Justice have met the constitutional obligation to issue the disciplinary measure of dismissal from office for magistrate Mimoza Margjeka, since it does not result from the acts of the case file that the Independent Qualification Commission has addressed these institutions in terms of its decision no. 739, dated 26.02.2024, on her dismissal from office.

After being consulted, the trial panel decided to administer as evidence for this trial decision no. 180, dated 09.04.2024 of the High Judicial Council, “On the imposition of a disciplinary measure against Judge Mimoza Margjeka” and the decision of the Special Appeals Chamber of Disciplinary Jurisdiction no. 1/2026 (JD) dated 27.01.2026 for the non-acceptance of the appeal of magistrate Mimoza Margjeka against the decision of the High Judicial Council. The above evidence was also made available to the representative of the Head of the Special Prosecution Office, Mr. Adnan Xholi.

After being acquainted with the evidence, when questioned by the presiding judge, the representative of the Head of the Special Prosecution Office stated that he had no other procedural requests. Subsequently, the trial panel decided to close the judicial investigation of the case and invited Mr. Xholi to present his final conclusions.

The representative of the Head of the Special Prosecution Office stated that, considering that the decision of the High Judicial Council has become final, it turns out that the institutions of ordinary jurisdiction have met the constitutional obligation to issue the disciplinary measure of dismissal from office for the magistrate. Finally, Mr. Xholi requested the Special Appeals Chamber to declare the vetting process for Ms. Mimoza Margjeka concluded without a final decision, as she has lost the status of magistrate.

After hearing the final request of the representative of the Head of the Special Prosecution Office, the trial panel decided to close the judicial review and withdrew in chambers to make the final decision, which it shall announce on 26.02.2026, at 15:30.

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

On Friday, 27.02.2026, at 10:00, the Special Appeal Chamber shall consider in a public hearing case (JR) no. 33/2024, dated 04.09.2024, pertaining to the appeal of the Public Commissioner against decision no. 766, dated 22.05.2024 of the Independent Qualification Commission, related to the assessee Ervin Aliu.

The trial panel this case shall consist of the following judges:

Presiding:        Albana Shtylla

Rapporteur:     Natasha Mulaj

Members:        Ina Rama, Rezarta Schuetz, Sokol Çomo

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

The Special Appeal Chamber held on 03.02.2026, at 10:00, the public hearing of case (JR) 54/2023, dated 14.11.2023, pertaining to the appeal of the Public Commissioner against decision no. 698, dated 15.09.2023 of the Independent Qualification Commission, related to the assessee Gjergji Tako.

The presiding judge announced that following the interim decision of the hearing dated 15.12.2025, the requested acts regarding the denunciation of citizen A. L have reached the Appeal Chamber from the Prosecution Office at the First Instance Court of General Jurisdiction of Tirana and the Court of Appeal of General Jurisdiction of Tirana, and the parties have exercised their right to be acquainted with them. The Head of the Special Prosecution Office expressed his agreement to their admission as evidence, stating that he shall make a statement on their probative value in the final conclusions.

With regard to this denunciation, the assessee submitted additional explanatory materials and new acts enclosed, according to him, in view of a more complete investigation, which he requested to be accepted as evidence.

The trial panel decided to accept as evidence the documents forwarded by the Prosecution Office at the First Instance Court of General Jurisdiction of Tirana and the Court of Appeal of General Jurisdiction of Tirana regarding the criminal proceedings against citizen A. L, addressed in the complaint lodged by this citizen with the Appeal Chamber, as well as the additional explanatory material with the attached documents submitted by the assessee in today’s hearing, in response to the complaint.

Once the parties declared that they had no other procedural requests, the trial panel decided to close the judicial investigation and invited them to present their final conclusions.

The Head of the Special Prosecution Office, referring to the proficiency assessment criteria, after evaluating the evidence, divided the appeal grounds into two groups, explaining that some of them have been remedied, while the rest show deficiencies and issues that prove a modus operandi that cannot be corrected by the training program at the School of Magistrates and that should be taken into consideration in the overall evaluation of the case, along with the problems resulting from a public denunciation and behaviors identified outside the exercise of the office, in relation to the implementation of the law, which violate the ethics of the magistrate.

Finally, the Head of the Special Prosecution Office, pursuant to Article 61, paragraph 5 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, requested the amendment of decision no. 698, dated 15.09.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Gjergji Tako.

The legal representative of the assessee objected to the position of the Head of the Special Prosecution Office, stating that the noticed shortcomings, not only have not led to a violation of public trust or a violation of the rights of any individual, but they are merely formal, lacking any material consequence and that the disciplinary measure of dismissal from office would be clearly disproportionate to the nature of these violations. Finally, the assessee, after submitting his position regarding a public denunciation, requested the upholding of decision no. 698, dated 15.09.2023, of the Independent Qualification Commission.

After hearing the final positions of the parties, the trial panel decided to close the judicial review of the case and withdrew in chambers to make the final decision, which shall be announced on 27.02.2026, at 09:30.

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