On Thursday, 03.04.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 33/2022, dated 21.07.2022, pertaining to the appeal of the assessee Elveta Stafa against decision no. 534, dated 23.05.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding:        Natasha Mulaj

Rapporteur:     Rezarta Schuetz

Members:        Albana Shtylla, Ina Rama, Mimoza Tasi

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

The Appeal Chamber held on 19.03.2025, at 08:30, the public hearing of case (JR) 27/2024, dated 18.07.2024, pertaining to the appeal of the Public Commissioner against decision no. 754, dated 05.04.2024, of the Independent Qualification Commission, related to the assessee Mirela Mishgjoni.

During the submission of the final conclusions, the Head of the Special Prosecution Office, Mr. Altin Dumani stated that the assessee failed to prove the opposite of the appeal grounds related to the asset assessment criterion, being found in terms of incorrect and insufficient declaration, as well as in terms of conflict of interest. Mr. Dumani held that the income of the assessee and her spouse should not be taken into account in the financial analysis, as it fails to meet the legal criteria. Finally, he requested the Chamber the amendment of decision no. 754, dated 05.04.2024 of the Independent Qualification Commission, and the dismissal from office of the assessee Mirela Mishgjoni.

During the submission of her final conclusions, the assessee, Ms. Mirela Mishgjoni, stated that she reaches a reliable level in the asset assessment criterion and requested the Chamber to take into account in the financial analysis her income and the one of the spouse, as it is income from legitimate sources. The assessee maintained that taking the disciplinary measure of dismissing her from office would be contrary to the principles of objectivity and proportionality, and requested the upholding of decision no. 754, dated 05.04.2024 of the Independent Qualification Commission,.

After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision, which it shall announce on 03.04.2025, at 09:30.

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

The Appeal Chamber held on 19.03.2025, at 10:00, the public hearing of case (JR) 27/2022, dated 17.06.2022, pertaining to the appeal of the Public Commissioner against decision no. 521, dated 01.04.2022, of the Independent Qualification Commission, related to the assessee Erjon Shehaj.

During the verification of the presence of the parties, the presiding judge informed the parties on the presence of the Head of the Special Prosecution Office, whose attendance in this judicial proceedings is legitimized under Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code, such provisions that allow the procedural transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office.

The presiding judge announced that the parties had been forwarded several public complaints, received after the submission of the appeal, and that the parties should make a stand about them during today’s hearing.

During the submission of the appeal grounds, the Head of the Special Prosecution Office identified findings and issues in terms of investigative actions, notification of acts, interpretation of the law, etc., as well as circumstances identified in a case of conflict of interest, found also in the decision of the Independent Qualification Commission. Based on these findings and issues, the Head of the Special Prosecution Office requested the Chamber to assess them within the framework of the ethical and proficiency assessment of the assessee and to take them into consideration in the overall evaluation of the case in accordance with Article 4, paragraph 2 of Law no. 84/2016, in conjunction with Article 61, paragraph 5 thereof.

The Head of the Special Prosecution Office maintained that, referring to the state of facts and evidence, he shares the opposite position with the IQC, as he considers that the assessee fails to reach a reliable level for his confirmation in office. Mr. Dumani requested the amendment of decision no. 521, dated 01.04.2022, of the Independent Qualification Commission and the dismissal from office of the assessee Erjon Shehaj.

During the submission of the objections, the legal representative of the assessee filed his arguments for each appeal ground, and stated that these grounds do not argue how potential violations related to the proficiency assessment criterion, or circumstances detached from cases reviewed by the assessee during the exercise of his office, could violate the proficiency assessment indicator and, even more so, violate public trust in justice. According to him, these circumstances could be taken into consideration in the overall evaluation of the case for all three assessment criteria and not in the specific case, when the assessee has reached a reliable level in the other two criteria, the asset and background assessment. In support of his submission, the assessee filed new acts, which he requested the trial panel to accept them as evidence, and requested as well the upholding of decision no. 521, dated 01.04.2022 of the Independent Qualification Commission.

With respect to the public complaints filed with the Chamber, the Head of the Special Prosecution Office emphasized that two of them were addressed during the IQC proceedings and no grounds for appeal were raised for them, while two others contained no grounds that would require further

investigation by the Chamber. Regarding one public complaint, he assessed that it meets the formal criteria, but reserved the right to make a statement after hearing the position of the assessee with its regard. After hearing the explanations of the legal representative regarding this complaint, the Head of the Special Prosecution Office considered them detailed and convincing and stated that the allegations described therein are unfounded, therefore, considering unnecessary the further investigation by the Chamber.

After being consulted, the trial panel decided to open the judicial investigation, collecting as evidence the acts deposited in today’s hearing, except for two acts, which the assessee was invited to submit in the form required by law, preferably before the next hearing, in order to make them available in advance to the Head of the Special Prosecution Office.

With regard to the public complaints, the trial panel decided not to open the judicial investigation, as it assessed that they fail to meet the conditions set forth in Article 53 of Law no. 84/2016.

It was decided that the parties shall submit their final conclusions in the next hearing, scheduled to take place on 04.04.2025, at 09:00.

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

On Wednesday, 09.04.2025, at 10:00, the Appeal Chamber shall consider in a public hearing case (JR) no. 25/2024, dated 03.07.2024, pertaining to the appeal of the Public Commissioner against decision no. 760, dated 26.04.2024 of the Independent Qualification Commission no, related to the assessee Ardiana Bera.

The trial panel of this case shall consist of judges:

Presiding: Rezarta Schuetz

Rapporteur: Mimoza Tasi

Members: Albana Shtylla, Natasha Mulaj, Sokol Çomo

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

On Thursday, 10.04.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 21/2023, dated 23.05.2023, pertaining to the appeal of the assessee Rexhina Merlika against decision no. 635, dated 13.03.2023 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Albana Shtylla

Rapporteur: Natasha Mulaj

Members: Mimoza Tasi, Rezarta Schuetz, Sokol Çomo

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

On Tuesday, 22.04.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 32/2022, dated 14.07.2022, pertaining to the appeal of the assessee Arian Ndoja against decision no. 528, dated 06.05.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Natasha Mulaj

Rapporteur: Sokol Çomo

Members: Albana Shtylla, Ina Rama, Mimoza Tasi

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

On Wednesday, 23.04.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 31/2022, dated 13.07.2022, pertaining to the appeal of the assessee Emror Kasaj against decision no. 529, dated 09.05.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Rezarta Schuetz

Rapporteur: Albana Shtylla

Members: Ina Rama, Natasha Mulaj, Sokol Çomo

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

On Thursday, 24.04.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 47/2022, dated 01.11.2022, pertaining to the appeal of the assessee Bajram Breçani against decision no. 558, dated 06.09.2022 of the Independent Qualification Commission.

The trial panel for the hearing of this case shall consist of judges:

Presiding: Ina Rama

Rapporteur: Sokol Çomo

Members: Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz

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