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2 | 3 | 4 - Public hearing
09:00 -12:00 2022.05.04 Today, on 04.05.2021, at 09:00, the Appeal Chamber held the public hearing of case (JR) no. 19/2021, dated 19.04.2021, pertaining to the appeal of the Public Commissioner against decision no. 342, dated 02.02.2021, of the Independent Qualification Commission, related to the assessee Elbana Lluri. The presiding judge informed the parties that on 26.04.2022, the International Observer of the International Monitoring Operation had submitted to the Chamber an opinion (a written opinion), through which requested the Chamber alternatively, a joint trial of the case of the assessee Elbana Lluri and the case of her ex-spouse which is currently being considered in the Chamber, or the administration in each process of the acts of the other process. Once the parties confirmed that they were acquainted with the opinion, the assessee objected the request of the International Observer, holding it inconsistent with the legal provisions and procedurally impossible to be implemented. Following the consultations, the trial panel decided to collect as evidence the acts part of the case file of the case of the ex-spouse of the assessee, as well as the acts that shall become part of that case file during the trial at the Chamber. In order to provide the parties reasonable time to get acquainted with the new evidence, the trial panel decided to postpone the public hearing until May 25, 2022, at 09:00. During this hearing, the parties will also state their position as regards the AC financial analysis, carried out on the basis of the appeal grounds of the Public Commissioner. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 5 - Public hearing
10:00 -13:00 2022.05.05 Today, on 05.05.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 36/2020, dated 11.09.2020, pertaining to the appeal of the Public Commissioner against decision no. 241, dated 26.02.2020, of the Independent Qualification Commission related to the assessee Irena Gjoka. Following the verification of the presence of the parties, the Public Commissioner Mr. Florian Ballhysa submitted a preliminary request, through which he requested a necessary period to become acquainted with the acts of the file of this case, which, until now, had been followed by the former Public Commissioner Darjel Sina, who no longer exercises this duty as of yesterday. The assessee, Mrs. Irena Gjoka informed the trial panel and the Public Commissioner about a potential conflict of interest situation of the Public Commissioner with her case and stated that she may file a written supporting act, which she did not have with her at today’s hearing, as she has become aware of the fact of the change of the Public Commissioner only during the hearing. The Public Commissioner stated that he was not aware of the above. The trial panel decided to accept the request of the Public Commissioner Florian Ballhysa, adjourning the hearing until May 26, 2022, at 10:00, and invited the assessee that in case she deems necessary for the trial of the case the act she referred to, she may submit it in advance to the Chamber, before the next hearing, and this act will be forwarded to the Public Commissioner. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcements
14:00 -16:00 2022.05.05 The Appeal Chamber has registered the case (JR) no. 20/2022, dated 26.04.2022 pertaining to the appeal of the assessee Shpëtim Reka against decision no. 512, dated 25.02.2022 of the Independent Qualification Commission. Today, on 05.05.2022, the Appeal Chamber held the lot procedure to appoint the trial panel, the presiding judge of this panel and the case rapporteur. The panel appointed by lot is composed with the following judges: Presiding: Rezarta Schuetz Rapporteur: Sokol Çomo Members: Natasha Mulaj, Albana Shtylla, Mimoza Tasi ******************************************** The Appeal Chamber has registered the case (JR) no. 21/2022, dated 28.04.2022, pertaining to the appeal of the assessee Ervin Beqiri against decision no. 516 dated 03.03.2022 of the Independent Qualification Commission. Today, on 05.05.2022, the Appeal Chamber held the lot procedure to appoint the trial panel, the presiding judge of this panel and the case rapporteur. The panel appointed by lot is composed with the following judges: Presiding: Ina Rama Rapporteur: Mimoza Tasi Members: Natasha Mulaj, Rezarta Schuetz, Albana Shtylla
| 6 - Public hearing
09:00 -12:00 2022.05.06 Today, on 06.05.2021, at 09:00, the Appeal Chamber held the public hearing of case (JR) 40/2021, dated 23.07.2021, pertaining to the appeal of the Public Commissioner against decision no. 393, dated 03.06.2021, of the Independent Qualification Commission, related to the assessee Gerd Hoxha. The parties at trial, when questioned by the presiding judge, confirmed that they were acquainted with the AC financial analysis, as well as with an opinion (a written opinion) filed on April 26, 2022 by the International Observer of the International Monitoring Operation, requesting the AC, alternatively, the joint trial of the case of the assessee Gerd Hoxha and the case of his ex-spouse, which is currently being considered by the Chamber, or the administration in each proceeding, of the acts of the other proceeding. The Public Commissioner stated that as regards the decision-making related to the opinion of the International Observer, he leaves it at the discretion of the court, whereas he requested a reasonable time period to get acquainted with the case in its entirety, which, until now, had been followed by the former Public Commissioner Darjel Sina, who no longer exercises holds this position. The assessee objected the request of the International Observer, holding that it is unfounded, inconsistent with the procedural and substantive law, and protracts the re-evaluation process. After being consulted, the trial panel, by a majority vote, decided to collect as evidence the acts part of the file of the case of the ex-spouse of the assessee, as well as the acts that shall become part of that file during the trial at the Chamber. As regards the three public denunciations, the trial panel decided to not open the judicial investigation, as they do not meet the criteria of Article 53 of Law 84/2016. In order to provide the parties reasonable time to be acquainted with the evidence and prepare their positions on the case, the trial panel decided to adjourn the public hearing to May 25, 2022, at 12:30. The next hearing will take in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 7 | 8 |
9 - Public hearing
09:00 -13:00 2022.05.09 Today, on 07.04.2022, at 09:00, the Appeal Chamber held the public plenary session of case (JD) no. 3/2021, dated 30.04.2021, pertaining to the appeal of the appellant Bujar Memia against decision no. 81, dated 31.03. 2021 of the High Prosecutorial Council “On imposing a disciplinary measure against prosecutor Bujar Memia”, with interested parties, the High Inspectorate of Justice (HIJ) and the High Prosecutorial Council (HPC). Following the verification of the presence of the parties at trial, the presiding judge informed the parties that the appellant and his lawyer had filed several written acts, requesting their administration as evidence. Once the representatives of the interested parties were acquainted with these acts, they requested that these acts should not be accepted as they are not related to the object of the disciplinary proceedings, while the appellant’s lawyer requested at the hearing the collection as well of a document obtained from the State Intelligence Service, in the context of the proceedings. After being consulted, the court decided to administer the filed acts, including the document filed at the hearing. Subsequently, once the parties stated that they had no further procedural requests, the Court decided to close the judicial review and invited the parties to submit their final conclusions. The appellant’s lawyer requested that at this stage of the proceedings, he shall address several questions to the interested parties, pursuant to Article 43 of the Law on the Constitutional Court. The court, after being consulted in chambers, decided to reject the request, as the right of the parties to adress questions to one another was exhausted within this trial and the questions were not considered relevant in relation to the case, inviting the parties to submit their final conclusions. Then, the appellant subsequently filed several procedural requests, such as the suspension of the trial until the conclusion of his vetting process, the recusal from the trial of the presiding judge, (the reasons and grounds thereof he shall file later in writing), requested the addition of the object of the appeal (which he would also submit in writing later), and requested to be defend at trial with a defense counsel, as his lawyer had left the hearing at the Appeal Chamber. The court, after hearing the position of the interested parties, the representatives of the High Prosecutorial Council and the High Inspectorate of Justice, who requested the rejection of these requests, after being consulted on each request, decided to rebut them, considering them openly unfounded in law, and as such, abusive, as well as aiming to protract the proceedings. As regards the appellant’s request for the recusal of the presiding judge, the court decided to continue the hearing pursuant to Article 75, paragraph 5 of the Civil Procedure Code, inviting the appellant to submit this request to the Chamber in writing within three days, and stated that the Meeting of Judges will review this request in accordance with Article 37 of Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court”, as amended. Following the above decision-making, the presiding judge invited once again the appellant to submit his final conclusions. The appellant proceeded in submitting verbally the final conclusions. The court, due to the considerable duration of the hearing, in order that all procedural subjects in this trial submit clearly their final conclusions, as well as to guarantee the attention of their attendance by each subject, decided to adjourn the hearing, to continue it on 10 May 2022, at 13:00, during which the appellant continued submitting the final conclusions, finally observing the requests in the appeal as well as the finding the decision of the High Prosecutorial Council as absolutely invalid and the remitting of the case for retrial to the HPC. During the submission of the final conclusions, the representative of the High Prosecutorial Council held that the decision of the HJC is fair and requested that it be upheld, while the representative of the High Inspector of Justice stated amongst others, during the submission of the final conclusions, that the magistrate actions and the omissions have led to violations that not only discredit his position, but have also undermined the public confidence in justice, requesting ultimately the rejection of the appeal and the upholding of decision no. 81, dated 31.03.2021 of the High Prosecutorial Council. The court, after hearing the final conclusions of the procedural subjects in this proceedings, decided to withdraw in chambers to continue with the decision-making deliberation on the case and informed the parties at trial that they will be notified by the court secretariat for the date the decision shall be announced.
| 10 - Public hearing
09:00 -12:00 2022.05.10 Today, on 10.05.2022, at 10:00, the Appeal Chamber held the public plenary session of case (JD) no. 4/2021, dated 21.05.2021, pertaining to the appeal of the appellant Enkeleida Hoxha against decision no. 92, dated 17.03.2021 of the High Judicial Council, with interested parties, the High Judicial Council (HJC) and the High Inspector of Justice (HIJ). During the verification of the presence of the parties, the presiding judge of the hearing informed the parties that the Penitentiary Institution has notified through a letter forwarded today, before the initiation of the public hearing, that the appellant cannot be present at the hearing due to health and psychological reasons. The Chamber carried out the relevant verifications regarding the ground submitted by the appellant for failing to attend this hearing, and through the General Penitentiary Directorate, it received an electronic notification stating that the penitentiary institution physician has concluded that the appellant is in good health. Taking into consideration the above, as well as the fact that none of the lawyers appointed by the appellant according to the respective power of attorney have filed no cause for their objective inability to attend the hearing, after obtaining the opinion of interested parties, the HJC and ILD representatives for the continuation of the hearing, the court, after being consulted, based on Article 38, paragraph 5 of Law no. 8577/2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania” (as amended) decided to continue the trial in her absence, inviting the parties to submit their final conclusions. The representative of the High Judicial Council, in the submission of his final conclusions, assessed as unsubstantiated the allegations of the magistrate in the appeal and during the hearings, requesting the upholding of the HJC decision. The representative of the High Inspector of Justice stated during the submission of her final conclusions that the procedure followed in the disciplinary proceedings was in accordance with the due legal process, and that the actions and omissions of the magistrate were considered very serious disciplinary violations that have led to the dismissal from office, requesting finally the rebuttal of the appeal and the upholding of the HJC decision. The court, after hearing the final conclusions of the procedural subjects in this proceedings, decided to withdraw in chambers to continue with the decision-making deliberation on the case and informed the parties at trial that they will be notified by the court secretariat for the date the decision shall be announced.
| 11 - Public hearing
09:00 -14:00 2022.05.11 Today, on 11.05.2021, at 09:00, the Appeal Chamber held the public hearing of case (JR) 26/2021, dated 17.05.2021, pertaining to the appeal of the Public Commissioner against decision no. 344, dated 11.02.2021, of the Independent Qualification Commission, related to the assessee Marinela Osmani. During the verification of the presence of the parties at trial, the presiding judge informed the parties that the Public Commissioner, through an electronic communication dated 09.05.2022, has notified that due to health reasons it is impossible for him to attend the today’s hearing. The court, following the hearing of the opinion of the assessee, after being acquainted with the objective grounds of the Public Commissioner, decided to postpone the hearing until May 24, 2022, at 10:00. The public hearing will take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Chamber hearing
10:00 -16:00 2022.05.11 On Wednesday, 11.05.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 14/2020, dated 01.06.2020, pertaining to the appeal of the assessee Anila Guri against decision no. 184, dated 19.07.2019 of the Independent Qualification Commission. The trial panel for of this case consists of judges: Presiding: Mimoza Tasi Rapporteur: Sokol Çomo Members: Albana Shtylla, 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. - Announcement
10:00 -15:00 2022.05.11 The Appeal Chamber held on 11.05.2022, the hearing in chambers of case (JR) 14/2020, dated 01.06.2020, pertaining to the appeal of the assessee Anila Guri against decision no. 184, dated 19.07.2019 of the Independent Qualification Commission. After considering the case in camera, the trial panel, pursuant to Article 51, paragraph 1 (b) of Law no. 49/2012 “On administrative courts and adjudication of administrative disputes”, in order to ascertain correctly and fully of the factual situation of the case under consideration, decided to consider the case in a public hearing. The court debate is necessary in order for the assessee Anila Guri provides explanations regarding the property, apartment located in Tirana, the Mercedes Benz vehicle, purchased in 2016, as well as other issues related to the asset assessment criterion. The public hearing shall take place on 01.06.2022, at 10.00. The trial panel of this case consists of judges: Presiding: Mimoza Tasi Rapporteur: Sokol Çomo Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz The public hearing shall take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 12 - Public hearing
10:00 -14:00 2022.05.12 Today, on 12.05.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 13/2022, dated 24.02.2022, corresponding to the appeal of the assessee Petrit Bica against decision no. 506, dated 31.01.2022, of the Independent Qualification Commission. The assessee and his legal representative were heard by the trial panel as they submitted their objections to the IQC decision no. 506, dated 31.01.2022, according to which “it is announced the termination of the transitional re-evaluation process for the assessee Petrit Bica and the prohibition of his appointment as a judge or prosecutor of any level, member of the High Judicial Council or High Prosecutorial Council, High Inspector of Justice or Prosecutor General, for a period of 15 years”. The legal representative stated that the case of Mr. Bica should have been addressed by the Independent Qualification Commission in reference to the legal provisions of Article 27 of Law 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as amended, for early retirement and not as completion of the vetting process due to resignation. The assessee stated that the IQC decision is inadmissible, unfounded in evidence and in law. The assessee responded to several questions of the International Observer of the International Monitoring Operation and one question of one of the members of the trial panel related to the case under consideration. After being consulted, the trial panel decided to collect as evidence the acts of the assessee attached to the appeal, which are not part of the case file of the Independent Qualification Commission, an act filed during today’s hearing, as well as the acts forwarded by the IQC to the AC. Once the assessee stated that he no further requests, the trial panel decided to close the judicial investigation of the case and invited the assessee to submit the final conclusions. During his conclusion, the assessee requested the Chamber to amend the IQC decision no. 506, dated 31.01.2022, in the reasoning, descriptive and enacting part, deciding: “To declare completed the transitional re-evaluation process for Mr. Petrit Bica, without a final decision on the case, as the object for which the procedure has started, has become impossible”. After hearing the final request of the assessee, the trial panel decided to withdraw to make the final decision, to be announced on May 16, 2022, at 13:00. The public hearing shall take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 13 - Public hearing
09:00 -13:00 2022.05.13 Today, on 13.05.2021, at 09:00, the Appeal Chamber held the public hearing of case (JR) 58/2021, dated 11.10.2021, pertaining to the appeal of the Public Commissioner against decision no. 410, dated 30.06.2021, of the Independent Qualification Commission related to the assessee Atalanta Zeqiraj. The presiding judge noted the presence of Mrs. Irena Nino in the capacity of Public Commissioner of case (JR) 58/2021, dated 11.10.2021, replacing the former Public Commissioner Darjel Sina, who no longer exercises this office. During the submission of the final conclusions, considering the administered acts and the evidence examined for the purpose of this trial, taking into account the fact that the request of the Public Commissioner may be an alternative one, the Public Commissioner requested the Chamber to uphold the IQC decision no. 410, dated 30.06.2021, amending its legal reasoning and argumentation. The assessee summarized the final conclusions related to the appeal grounds, stating that she concurred with the final request of the Public Commissioner and that through the submitted evidence, the complete, accurate explanations and no contradictory references, she has managed to prove the contrary of the appeal. The assessee, Mrs. Atalanta Zeqiraj, requested finally the Chamber to uphold decision no. 410, dated 30.06.2021, of the Independent Qualification Commission. After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision, to be announced on 16.05.2022, at 14:00. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 14 | 15 |
16 - Announcement
12:00 -13:00 2022.05.16 The Appeal Chamber has registered the case (JR) no. 22/2022, dated 09.05.2022, pertaining to the appeal of the assessee Violeta Shkurta against decision no. 514, dated 28.02.2022 of the Independent Qualification Commission. Today, on 16.05.2022, the Appeal Chamber held the lot procedure to appoint the trial panel, the presiding judge of this panel and the case rapporteur. The panel appointed by lot is composed with the following judges: Presiding: Sokol Çomo Rapporteur: Ina Rama Members: Natasha Mulaj, Albana Shtylla, Mimoza Tasi - Announcement of decision
13:00 -15:00 2022.05.16 The trial panel of the Appeal Chamber, composed of judges Mimoza Tasi, presiding, Albana Shtylla, rapporteur, Ina Rama, Natasha Mulaj, Sokol Çomo members, announced the decision on case (JR) no. 13/2022, dated 24.02.2022, pertaining to the appeal of the assessee Petrit Bica against decision no. 506, dated 31.01.2022 of the Independent Qualification Commission. The trial panel, at the conclusion of the trial, 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: - To uphold decision no. 506, dated 31.04.2022 of the Independent Qualification Commission, related to the assessee Petrit Bica.
- This decision is final and effective immediately.
Announced in Tirana, today, on 16.05.2022. - Announcement of decision
14:00 -15:00 2022.05.16 The trial panel of the Appeal Chamber, composed of judges Sokol Çomo, presiding, Rezarta Schuetz, rapporteur, Albana Shtylla, Ina Rama, Mimoza Tasi members, announced the decision on case (JR) no. 58/2021, dated 11.10.2021, pertaining to the appeal of the Public Commissioner against decision no. 410, dated 30.06.2021 of the Independent Qualification Commission, related to the assessee Atalanta Zeqiraj. The trial panel, at the conclusion of the trial, 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: - To uphold decision no. 410, dated 30.06.2021 of the Independent Qualification Commission, related to the assessee Atalanta Zeqiraj.
- This decision is final and effective immediately.
Announced in Tirana, today, on 16.05.2022.
| 17 - Announcement
11:00 -14:00 2022.05.17 On Tuesday, 07.06.2022, at 10:00, the Appeal Chamber shall review in a public hearing the case (JR) no. 35/2020, dated 11.09.2020, pertaining to the appeal of the Public Commissioner against decision no. 255, dated 08.06.2020 of the Independent Qualification Commission, related to the assessee Ludovik Dodaj. The trial panel of this case consists of judges: Presiding: Natasha Mulaj Rapporteur: Albana Shtylla Members: Ina Rama, Rezarta Schuetz, Sokol Çomo The public hearing will take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 18 - Chamber hearing
10:00 -16:00 2022.05.18 On Wednesday, 18.05.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 24/2020, dated 26.06.2020, pertaining to the appeal of the assessee Nevrie Duka against decision no. 253, dated 12.03.2020, of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Albana Shtylla Rapporteur: Natasha Mulaj Members: Mimoza Tasi, Rezarta Schuetz, Sokol Çomo The hearing in chambers will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement of decision
18:00 -19:00 2022.05.18 The trial panel of the Appeal Chamber, composed of judges, Albana Shtylla, presiding, Natasha Mulaj, rapporteur, Mimoza Tasi, Rezarta Schuetz, Sokol Çomo members, announced the decision on case (JR) no. 24/20120, dated 26.06.2020, pertaining to the appeal of the assessee Nevrie Duka against decision no. 253, dated 12.03.2020 of the Independent Qualification Commission. The trial panel, at the conclusion of the trial in chambers, 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: - To uphold decision no. 253, dated 12.03.2020 of the Independent Qualification Commission, related to the assessee Nevrie Duka.
- This decision is final and effective immediately.
Announced in Tirana, today, on 18.05.2022.
| 19 - Chamber hearing
10:00 -16:00 2022.05.19 On Thursday, 19.05.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 31/2020, dated 30.07.2020, pertaining to the appeal of the assessee Adnand Xhelili against decision no. 237, dated 12.02.2020 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Ina Rama Rapporteur: Sokol Çomo Members: Albana Shtylla, 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. - Announcement
11:00 -12:00 2022.05.19 The Appeal Chamber held on 19.05.2022 the review in chambers of case (JR) no. 31/2020, dated 30.07.2020, pertaining to the appeal of the assessee Adnand Xhelili against the decision no. 237, dated 12.02.2020 of the Independent Commission of Qualification. After considering the case chambers, the trial panel, pursuant to Article F, paragraph 3 of the Annex to the Constitution, Article 4, paragraph 5 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania” and Article 51, pragraph 1 (b) of Law no. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, upon a majority vote, decided to review the case in a public hearing, on Wednesday, 08.06.2022, at 10:00. The trial in a public hearing was decided to the purpose of remedying the serious procedural violations, upon which decision no. 237, dated 12.02.2020 of the Independent Qualification Commission is based. The trial panel of this case consists of judges: Presiding: Ina Rama Rapporteur: Sokol Çomo Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Public hearing
12:00 -15:00 2022.05.19 Today, on 19.05.2022, at 12:00, the Appeal Chamber held the public hearing of case (JR) 14/2021, dated 30.03.2021, pertaining to the appeal of the Public Commissioner against decision no. 325, dated 14.12.2020, of the Independent Qualification Commission, related to the assessee Rilinda Selimi. Clarifying the appeal, the Public Commissioner responded to the questions addressed by the case rapporteur during the previous hearing dated 28.04.2022. The assessee objected the appeal grounds for all three re-evaluation criteria, claiming that they are unfounded and unsupported by law and evidence. The assessee, Mrs. Rilinda Selimi, supported these claims in several submitted acts, for a part of which, she stated that she would request their collection as evidence by the trial panel, depending on the subsequent position that the Public Commissioner would hold after being acquainted with them. Once the Public Commissioner stated that she had no position regarding the acts, at the request of the presiding judge to clarify the procedural moment, the assessee listed the acts that she requested to be collected as evidence by the trial panel. As regards the remainder of the acts, the assessee stated that she will make a statement once the Chamber takes a position whether to open the investigation of the case. In order to decide on the continuation of the trial of this case, the trial panel decided to adjourn the hearing on June 6, 2022, at 10:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 20 - Public hearing
10:00 -14:00 2022.05.20 Today, on 20.05.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 22/2020, dated 26.06.2020, pertaining to the appeal of the Public Commissioner against decision no. 229, dated 28.01.2020, of the Independent Qualification Commission, related to the assessee Dritan Banushi. The assessee and his lawyer filed additional objections related to the Public Commissioner’s financial analysis, claiming that this analysis was incomplete, erroneous, and failed to include or address any data presented in the assessee’s objections. With regard to the new denunciation filed with the Chamber on the date of the previous hearing, on April 26, 2022, the assessee stated that it was a repeated denunciation, in connection to which the AC had reached its intermediate decision that “as regards the denunciations, there are no valid facts and circumstances for further investigations”. Subsequently, the Public Commissioner and the assessee responded to some clarifying questions about the case, addressed by the Rapporteur Judge. The Public Commissioner, attached to the response to the rapporteur’s question about the methodology used to prepare the financial analysis, filed with the trial panel a letter from the High Inspectorate of Declaration and Audit of Assets and Conflict of Interest (HIDAACI) on the methodology for calculating the living costs, which the trial panel decided to accept as evidence. Once this evidence was made available to the assessee, his lawyer requested sufficient time to analyze the document and prepare the position with its regards. Due to this reason, the trial panel decided to postpone the public hearing until May 27, 2022, at 09:00. During this hearing, the parties must also be prepared for the final conclusions of the case. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
13:00 -14:00 2022.05.20 On Monday, 20.06.2022, at 10:00, the Appeal Chamber shall review in a public hearing case (JR) no. 55/2021, dated 04.10.2021, pertaining to the appeal of the Public Commissioner against decision no. 392, dated 28.05.2021, of the Independent Qualification Commission, related to the assessee Natasha Prifti (Shallapi). The trial panel of this case consists of judges: Presiding: Rezarta Schuetz Rapporteur: Mimoza Tasi Members: Albana Shtylla, Ina Rama, Natasha Mulaj The public hearing shall take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana
| 21 | 22 |
23 - Public hearing
10:00 -13:00 2022.05.23 Today, on 23.05.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 11/2020, dated 18.02.2020, pertaining to the appeal of the assessee Marjana Velçani against decision no. 222, dated 12.12.2019, of the Independent Qualification Commission. The presiding judge informed the parties that the assessee had been forwarded the documentation filed by a second level bank, at the request of the Chamber, in view of the consideration of the case. The assessee confirmed that she was acquainted with this documentation, but, as it was incomplete, she requested the Chamber to repeat the request to the bank, or to accept as evidence the acts that the assessee was provided with through a request addressed to this bank. After being consulted, the trial panel decided to accept as evidence these acts filed by the assessee. The assessee, Mrs. Marjana Velçani was heard by the trial panel as she presented in detail her objections to the decision of the Independent Qualification Commission, which she claimed was unfounded in evidence and in complete contradiction with the law. In support of her claims, the assessee, Mrs. Marjana Velçani requested the Chamber to summon witnesses, experts and collect other additional acts as evidence, to the purpose of the review of the case. The assessee responded to some clarifying questions of the rapporteur judge of the case. The trial panel, after being consulted, pursuant to Article 49, paragraphs 6 (a) and (c), of Law 84/2016, decided to reject the request of the assessee for collecting new evidence (summoning as witnesses, experts and new acts), considering them unnecessary and the means chosen for proving certain facts as inappropriate for the trial. Once the assessee stated that she had no other procedural requirements, the trial panel decided to close the judicial investigation of the case. Finally, the assessee requested the amendment of decision no. 222, dated 12.12.2019 of the Independent Qualification Commission and confirmation in office of the assessee, Mrs. Marjana Velçani. The trial panel withdrew to make the final decision, to be announced on May 26, 2022, at 09:30. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 24 - Public hearing
10:00 -13:00 2022.05.24 Today, on 24.05.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 26/2021, dated 17.05.2021, pertaining to the appeal of the Public Commissioner against decision no. 344, dated 11.02.2021, of the Independent Qualification Commission, related to the assessee Marinela Osmani. During this hearing, the Public Commissioner, in the final conclusions, requested the Chamber the upholding of decision no. 344, dated 11.02.2021, of the Independent Qualification Commission for the assessee, Mrs. Marinela Osmani, but, pursuant to Article 66, paragraph 2 of Law no. 84/2016, to instruct the Commission through guiding principles on similar cases, for those assessees who are persons related to other assessees. The assessee, while objecting the appeal grounds, requested finally that the decision of the Independent Qualification Commission be upheld, arguing that it was a decision made pursuant to the principle of objectivity and proportionality, as well as in accordance with the provisions of the Constitution and law. After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision, to be announced on 27.05.2022, at 13:00. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 25 - Announcement
08:00 -12:00 2022.05.25 Given that the Council of Ministers decision no. 317, dated 18.05.2022 set Wednesday 25.05.2022 a day off, the public hearing on case (JR) 19/2021, dated 19.04.2021, related to assessee Elbana Lluri, scheduled to take place on this day, shall be postponed to be held on 09.06.2022, at 09:30. Likewise, the public hearing on case (JR) 40/2021, dated 23.07.2021, related to the assessee Gerd Hoxha, scheduled to take place on the same day, shall be postponed to be held on 09.06.2022, at 13:00.
| 26 - Announcement of decision
09:30 -10:00 2022.05.26 The trial panel of the Appeal Chamber, composed of judges, Rezarta Schuetz presiding, Albana Shtylla rapporteur, Ina Rama, Mimoza Tasi, Sokol Çomo members, announced the decision on case (JR) no. 11/2020, dated 18.02.2020, pertaining to the appeal of the assessee Marjana Velçani against decision no. 222, dated 12.12.2019 of the Independent Qualification Commission. The trial panel, at the conclusion of the trial, 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: - To uphold decision no. 222, dated 12.12.2019 of the Independent Qualification Commission, related to the assessee Marjana Velçani.
- This decision is final and effective immediately.
Announced in Tirana, today on 26.05.2022. - Public hearing
10:00 -14:00 2022.05.26 Today, on 26.05.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 36/2020, dated 11.09.2020, pertaining to the appeal of the Public Commissioner against decision no. 241, dated 26.02.2020, of the Independent Qualification Commission related to the assessee Irena Gjoka. The Public Commissioner, Mrs. Irena Nino, during the submissions of the appeal grounds related to the asset assessment, stated that the assessee, Mrs. Irena Gjoka has made an inaccurate, insufficient declaration, lacks legitimate sources for the creation of the assets and failed to reach a reliable level for her confirmation in office. The Public Commissioner requested the Chamber to consider the appeal grounds and pursuant to Article 66, paragraph 1, letter ‘b’ of Law no. 84/2016, to decide the amendment of decision no. 241, dated 26.2.2020 of the Independent Qualification Commission, and the dismissal from office of the assessee Irena Gjoka. The assessee and her legal representative submitted the objections against the Public Commissioner’s appeal, holding that the appeal grounds do not stand, as they are unfounded in law and evidence. The assessee requested the Chamber to reopen the judicial investigation of the case, collecting as evidence the new acts that the assessee filed during today’s hearing, in support of the submissions. The assessee, Mrs. Irena Gjoka, requested the upholding of decision no. 241, dated 26.02.2020, of the Independent Qualification Commission and her confirmation in office. After being consulted, the trial panel decided to accept as evidence the acts filed by assessee attached to today’s submissions. When requested by the presiding judge regarding the probative value of the acts accepted as evidence, the Public Commissioner stated that her position shall be presented during the final conclusions. Once the parties stated that they had no further procedural requirements, the trial panel decided to close the judicial investigation of the case and invited the parties to present their final conclusions. As the Public Commissioner requested time for the preparation of the final conclusions, the trial panel decided to postpone the court hearing until May 31, 2022, at 14:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcements
13:00 -14:00 2022.05.26 On Monday, 04.07.2022, at 10:00, the Appeal Chamber shall review in a public hearing the case (JR) no. 9/2022, dated 15.02.2022, pertaining to the appeal of the Public Commissioner against decision no. 491, dated 21.12.2021, of the Independent Qualification Commission, related to the assessee Gjon Kodra. The trial panel of this case consists of judges: Presiding: Albana Shtylla Rapporteur: Natasha Mulaj Members: Mimoza Tasi, Rezarta Schuetz, Sokol Çomo The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. ************************************** Today on 26.05.2022, the Appeal Chamber held the lot procedure for the replacement of Judge Ardian Hajdari, appointed as member in case (JR) no. 10/2020, dated 17.02.2020, pertaining to the appeal of the assessee Arjan Balliu against decision no. 211, dated 18.11.2019 of the Independent Qualification Commission. Following the lot procedure, Judge Ardian Hajdari was replaced by Judge Sokol Çomo. The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber. Finally, the trial panel of case (JR) no. 10/2020, dated 17.02.2020, shall be composed of the following judges: Presiding: Natasha Mulaj Rapporteur: Rezarta Schuetz Members: Sokol Çomo, Ina Rama, Albana Shtylla ***************************************** Today on 26.05.2022, the Appeal Chamber held the lot procedure for the replacement of Judge Luan Daci and Judge Ardian Hajdari, appointed as members in case (JR) no. 18/2020, dated 02.06.2020, pertaining to the appeal of the assessee Hajrie Muçmata against decision no. 209, dated 11.11.2019 of the Independent Qualification Commission. The replacement of Judge Luan Daci was due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber, and the replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber. Finally, the trial panel of case (JR) no. 18/2020, dated 02.06.2020, shall be composed of the following judges: Presiding: Ina Rama Rapporteur: Rezarta Schuetz Members: Albana Shtylla, Natasha Mulaj, Sokol Çomo ************************************************************* Today on 26.05.2022, the Appeal Chamber held the lot procedure for the replacement of Judge Luan Daci, appointed as presiding judge in case (JR) no. 29/2020, dated 16.07.2020, pertaining to the appeal of the assessee Ardit Mustafaj against decision no. 245, dated 05.03.2020 of the Independent Qualification Commission. The replacement of Judge Luan Daci was due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber. Following the lot procedure for appointing the member judge, and then for the presiding judge, the trial panel of case (JR) no. 29/2020, dated 16.07.2020, shall be composed of the following judges: Presiding: Albana Shtylla Rapporteur: Ina Rama Members: Sokol Çomo, Natasha Mulaj, Rezarta Schuetz *************************************************** Today on 26.05.2022, the Appeal Chamber held the lot procedure for the replacement of Judge Ardian Hajdari, appointed as member in case (JR) no. 34/2020, dated 10.09.2020, pertaining to the appeal of the assessee Entela Shedula against decision no. 254, dated 04.06.2020 of the Independent Qualification Commission. Following the lot procedure, Judge Ardian Hajdari was replaced by Judge Mimoza Tasi. The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber. Finally, the trial panel of case (JR) no. 34/2020, dated 10.09.2020, shall be composed of the following judges: Presiding: Albana Shtylla Rapporteur: Sokol Çomo Members: Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz
| 27 - Public hearing
09:00 -12:00 2022.05.27 Today, on 27.05.2021, at 09:00, the Appeal Chamber held the public hearing of case (JR) 22/2020, dated 26.06.2020, pertaining to the appeal of the Public Commissioner against decision no. 229, dated 28.01.2020, of the Independent Qualification Commission, related to the assessee Dritan Banushi. Following the tasks assigned during the previous hearing, the assessee stated that following the hearing he would state the position regarding the letter of the High Inspectorate of Declaration and Control of Assets and Conflict of Interest (HIDAACI) on the methodology of calculating living cost for the year 2007, during the submission of the final conclusions of the case. The assessee requested to be administered as evidence an expert report that he had prepared in support of his claims, as well as a copy of the documents received from the Independent Qualification Commission to this purpose, such a request accepted by the trial panel. As the parties had no further procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to present their final conclusions. During the presentation of the final conclusions, the Public Commissioner stated that she stood by all the appeal grounds, as the assessee, even after the submission of the new evidence, had not managed to prove the contrary of the appeal grounds. The Public Commissioner requested finally the amendment of decision no. 229, dated 28.01.2020, of the Independent Qualification Commission and dismissal from office of the assessee. In presenting his final conclusions, the assessee objected the appeal grounds, maintaining that the financial analysis of the Public Commissioner is only a descriptive, unsubstantiated and incomplete analysis. The assessee requested finally the Chamber the upholding of decision no. 229, dated 28.01.2020, of the Independent Qualification Commission and his confirmation in office. Once the trial panel heard the final conclusions of the parties, it withdrew in chambers to make the final decision, to be announced on 08.06.2022, at 15:00. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
12:00 -13:00 2022.05.27 On Friday, 17.06.2022, at 10:00, the Appeal Chamber shall review in chambers the case (JR) no. 8/2022, dated 15.02.2022 pertaining to the appeal of the assessee Selami Zalli against decision no. 494, dated 23.12.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Natasha Mulaj Rapporteur: Ina Rama Members: Albana Shtylla, Mimoza Tasi, Sokol Çomo The hearing in chambers will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement of decision
13:00 -14:00 2022.05.27 Today, on 24.05.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 26/2021, dated 17.05.2021, pertaining to the appeal of the Public Commissioner against decision no. 344, dated 11.02.2021, of the Independent Qualification Commission, related to the assessee Marinela Osmani. During this hearing, the Public Commissioner, in the final conclusions, requested the Chamber the upholding of decision no. 344, dated 11.02.2021, of the Independent Qualification Commission for the assessee, Mrs. Marinela Osmani, but, pursuant to Article 66, paragraph 2 of Law no. 84/2016, to instruct the Commission through guiding principles on similar cases, for those assessees who are persons related to other assessees. The assessee, while objecting the appeal grounds, requested finally that the decision of the Independent Qualification Commission be upheld, arguing that it was a decision made pursuant to the principle of objectivity and proportionality, as well as in accordance with the provisions of the Constitution and law. After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision, to be announced on 27.05.2022, at 13:00. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 28 | 29 |
30 | 31 - Public hearing
14:00 -16:00 2022.05.31 Today, on 26.05.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 36/2020, dated 11.09.2020, pertaining to the appeal of the Public Commissioner against decision no. 241, dated 26.02.2020, of the Independent Qualification Commission related to the assessee Irena Gjoka. The Public Commissioner, Mrs. Irena Nino, during the submissions of the appeal grounds related to the asset assessment, stated that the assessee, Mrs. Irena Gjoka has made an inaccurate, insufficient declaration, lacks legitimate sources for the creation of the assets and failed to reach a reliable level for her confirmation in office. The Public Commissioner requested the Chamber to consider the appeal grounds and pursuant to Article 66, paragraph 1, letter ‘b’ of Law no. 84/2016, to decide the amendment of decision no. 241, dated 26.2.2020 of the Independent Qualification Commission, and the dismissal from office of the assessee Irena Gjoka. The assessee and her legal representative submitted the objections against the Public Commissioner’s appeal, holding that the appeal grounds do not stand, as they are unfounded in law and evidence. The assessee requested the Chamber to reopen the judicial investigation of the case, collecting as evidence the new acts that the assessee filed during today’s hearing, in support of the submissions. The assessee, Mrs. Irena Gjoka, requested the upholding of decision no. 241, dated 26.02.2020, of the Independent Qualification Commission and her confirmation in office. After being consulted, the trial panel decided to accept as evidence the acts filed by assessee attached to today’s submissions. When requested by the presiding judge regarding the probative value of the acts accepted as evidence, the Public Commissioner stated that her position shall be presented during the final conclusions. Once the parties stated that they had no further procedural requirements, the trial panel decided to close the judicial investigation of the case and invited the parties to present their final conclusions. As the Public Commissioner requested time for the preparation of the final conclusions, the trial panel decided to postpone the court hearing until May 31, 2022, at 14:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
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