The Appeal Chamber opened today, on 03.09.2019, at 11:00 h, the first public hearing of case (JR) no. 33/2018, dated 12.11.2018, corresponding to the appeal of the Public Commissioner against decision no. 58 dated 01.08.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Besnik Muçi.

The chairperson of the adjudication panel announced that the judicial review of this case shall be adjourned due to the failure to constitute the adjudication panel, as one the panel members, judge Natasha Mulaj, was absent due to family reasons.

In response to the request of the parties for an appropriate hearing date, the next hearing was scheduled on 20.09.2019, at 10:00 h.

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

The Appeal Chamber has registered the case (JR) no. 37/2019, dated 05.08.2019, corresponding to the appeal of the assessee Aleksandër Muskaj against decision no. 179, dated 10.07.2019 of the Independent Qualification Commission.

The lot was drawn today on 03.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Natasha Mulaj

Rapporteur:   Sokol Çomo

Members:       Albana Shtylla, Ardian Hajdari, Rezarta Schuetz

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The Appeal Chamber has registered the case (JR) no. 36/2019, dated 31.07.2019, corresponding to the appeal of the assessee Roland Jaupaj against decision no. 150, dated 28.05.2019 of the Independent Qualification Commission.

The lot was drawn today on 03.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Ina Rama

Rapporteur:   Albana Shtylla

Members:       Ardian Hajdari, Luan Daci, Sokol Çomo

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The Appeal Chamber has registered the case (JR) no. 35/2019, dated 31.07.2019, corresponding to the appeal of the assessee Ferdinand Elezi against decision no. 138, dated 09.04.2019 of the Independent Qualification Commission.

The lot was drawn today on 03.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Albana Shtylla

Rapporteur:   Ina Rama

Members:       Luan Daci, Natasha Mulaj, Rezarta Schuetz

On Monday, 23.09.2019, at 10:00 h, the Appeal Chamber shall review in camera case (JR) no. 1/2019, dated 08.01.2019, corresponding to the appeal of the assessee Alma Liçaj against decision no. 78 dated 15.11.2018 of the Independent Qualification Commission.

The adjudication panel of this case is composed of judges:

Chairperson:              Luan Daci

Rapporteur:               Natasha Mulaj

Members:                   Albana Shtylla, Rezarta Schuetz, Sokol Çomo

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

The Appeal Chamber held on July 19, 2019, at 10:00 h, the public hearing of case (JR) no. 34/2018, dated 13.11.2018, corresponding to the appeal of the Public Commissioner against decision no. 62 dated 03.08.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Artur Malaj.

During this hearing the Public Commissioner filed a preliminary request to reinstatement of time limits to file an additional appeal, in view of two findings of previously unknown information, made available by the International Monitoring Operation

The assessee opposed the request of the Public Commissioner considering it procedurally ungrounded, and requested the panel to dismiss it.

Once the adjudication panel accepted the request of the Public Commissioner, the latter submitted the grounds of the initial appeal and additional appeal, and requested the adjudication panel to conduct a thorough financial analysis, based on the evidences filed up to this stage of the proceedings.

The Public Commissioner founded such request in the outcomes of the financial analysis carried out by him, the results of which established the conviction that the decision of the Independent Qualification Commission is vulnerable with regard to asset pillar, therefore a thorough examination of the Chamber is needed with this respect to this criterion.

The Public Commissioner responded to several questions addressed to him by the panel with regard to the additional appeal. To the purpose of clarifying the limits of the appeal, the adjudication panel requested the Public Commissioner to set within July 24, 2019 at the disposal of the Chamber the financial analysis, in order to forward it to the assessee.

The adjudication panel decided to adjourn the hearing on September 6, 2019, at 10:00 h. The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber has registered the case (JR) no. 38/2019, dated 04.09.2019, corresponding to the appeal of the assessee Idriz Mulkurti against decision no. 159, dated 14.06.2019 of the Independent Qualification Commission.

The lot was drawn today on 10.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Ina Rama

Rapporteur:   Rezarta Schuetz

Members:       Albana Shtylla, Luan Daci, Sokol Çomo

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The Appeal Chamber has registered the case (JR) no. 39/2019, dated 04.09.2019, corresponding to the appeal of the assessee Evelina Qirjako against decision no. 178, dated 08.07.2019 of the Independent Qualification Commission.

The lot was drawn today on 10.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Sokol Çomo

Rapporteur:   Luan Daci

Members:       Albana Shtylla, Ardian Hajdari, Rezarta Schuetz

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The Appeal Chamber has registered the case (JR) no. 40/2019, dated 04.09.2019, corresponding to the appeal of the assessee Arjana Fullani against decision no. 186, dated 23.07.2019 of the Independent Qualification Commission.

The lot was drawn today on 10.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Albana Shtylla

Rapporteur:   Natasha Mulaj

Members:       Ina Rama, Rezarta Schuetz, Sokol Çomo

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The Appeal Chamber has registered the case (JR) no. 41/2019, dated 06.09.2019, corresponding to the appeal of the assessee Eugen Beçi against decision no. 171, dated 26.06.2019 of the Independent Qualification Commission.

The lot was drawn today on 10.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Natasha Mulaj

Rapporteur:   Albana Shtylla

Members:       Ardian Hajdari, Luan Daci, Sokol Çomo

The adjudication panel of the Appeal Chamber, composed of, chairperson Natasha Mulaj, case rapporteur Luan Daci, and members, Ardian Hajdari, Ina Rama and Sokol Çomo, announced today the decision on case (JR) no. 29/2018, dated 05.11.2018, corresponding to the appeal of the Public Commissioner against decision no. 60 dated 01.08.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Mr. Gentian Medja.

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

1. To uphold decision 60 dated 01.08.2018 of the Independent Qualification Commission, related to the assessee Gentian Medja.

2. This decision is final and effective immediately.

Announced in Tirana, today on 13.09.2019

On Tuesday, 08.10.2019, at 10:00 h, the Appeal Chamber shall review in camera case (JR) no.39/2018, dated 07.12.2018, corresponding to the appeal of the assessee Sotiraq Lubonja against decision no. 68 dated 08.10.2018 of the Independent Qualification Commission.

The adjudication panel of this case is composed of judges:

Chairperson:              Ina Rama

Rapporteur:               Luan Daci

Members:                   Albana Shtylla, Ardian Hajdari, Sokol Çomo

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

The Appeal Chamber held today, on 20.09.2019, at 10:00 h, the public hearing of case (JR) no. 33/2018, dated 12.11.2018, corresponding to the appeal of the Public Commissioner against decision no. 58 dated 01.08.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Besnik Muçi.

During the submission of the appeal grounds the Public Commissioner held that the assessee is found under financial incapacity to justify his assets upon legitimate sources, as well as that he made inaccurate and insufficient declaration of assets; consequently, the Public Commissioner requested the amendment of the IQC decision no. 58 dated 01.08.2018 and dismissal from office of the assessee.

The assessee opposed the appeal grounds of the Public Commissioner, considering them unfounded in law and evidences and requested the adjudication panel the opening of the judicial investigation and collection in the capacity of evidence of several acts submitted by him during the hearing.

The adjudication panel decided to collect as evidence the acts submitted in the framework of the appeal grounds related to the asset assessment criterion, considering them formally admissible, whereas with regard to their probative value they shall be analyzed in the context of the making of the final decision.

The adjudication panel dismissed the collection of evidence of a few acts submitted by the assessee related to the proficiency assessment criterion, as it found that they exceeded the appeal grounds limits of the Public Commissioner,  that relate solely to the asset assessment criterion.

With regard to the request of the Public Commissioner on collection as evidence of an information forwarded on 16.11.2018 to the Public Commissioner by the CSID, the adjudication panel ruled that since it is not part of the appeal, it shall review it once it is acquainted with and make an analysis of the information.

The chairperson of the panel stated that until the next hearing the adjudication panel shall assess the extent to which the assessee shall be informed on this material, which, according to the Public Commissioner, is claimed to be classified as “secret”. The adjudication panel shall determine in the same hearing whether this document shall be collected as evidence at trial.

The adjudication panel, in terms when the Public Commissioner requested time to make a statement on the probative value of the new evidences which the assessee requested to be taken into consideration through the re-opening of the judicial review, decided to hold the next hearing on 01.10.20199, at 12:00 h.

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

The Appeal Chamber held on 25.09.2019, at 10:00 h, the public hearing of case (JR) no. 34/2018, dated 13.11.2018, corresponding to the appeal of the Public Commissioner against decision no. 62 dated 03.08.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Artur Malaj.

The assessee was not present at this hearing due to health issues, for which he filed a sick leave. Through a written request, the assessee requested the panel to adjourn the hearing.

Following deliberations, the adjudication panel decided to adjourn the hearing on 03.10.2019, at 10:00 h.

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

The Appeal Chamber has registered the case (JR) no. 42/2019, dated 17.09.2019, corresponding to the appeal of the assessee Fuat Vjerdha against decision no. 155, dated 10.06.2019 of the Independent Qualification Commission.

The lot was drawn today on 25.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Ardian Hajdari

Rapporteur:   Ina Rama

Members:       Albana Shtylla, Natasha Mulaj, Rezarta Schuetz

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The Appeal Chamber has registered the case (JR) no. 43/2019, dated 18.09.2019, corresponding to the appeal of the assessee Shkëlzen Cena against decision no. 160, dated 14.06.2019 of the Independent Qualification Commission.

The lot was drawn today on 25.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Luan Daci

Rapporteur:   Ardian Hajdari

Members:       Albana Shtylla, Ina Rama, Sokol Çomo

***

The Appeal Chamber has registered the case (JR) no. 43/2019, dated 18.09.2019, corresponding to the appeal of the assessee Shkëlzen Cena against decision no. 160, dated 14.06.2019 of the Independent Qualification Commission.

The lot was drawn today on 25.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Luan Daci

Rapporteur:   Ardian Hajdari

Members:       Albana Shtylla, Ina Rama, Sokol Çomo

The Appeal Chamber has registered the case (JR) no. 45/2019, dated 23.09.2019, corresponding to the appeal of the assessee Enkeledi Hajro against decision no. 154, dated 10.06.2019 of the Independent Qualification Commission.

The lot was drawn today on 26.09.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Ina Rama

Rapporteur:   Natasha Mulaj

Members:       Albana Shtylla, Luan Daci, Rezarta Schuetz

On Monday, 14.10.2019, at 10:00 h, the Appeal Chamber shall review in camera case (JR) no.6/2019, dated 07.02.2019, corresponding to the appeal of the assessee Artur Selmani against decision no. 82, dated 26.11.2018 of the Independent Qualification Commission.

The adjudication panel of this case is composed of judges:

Chairperson:              Albana Shtylla

Rapporteur:               Natasha Mulaj

Members:                   Ardian Hajdari, Luan Daci, Rezarta Schuetz

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