The Appeal Chamber held on 03.09.2020, at 10:00, the public hearing on the case (JR) no. 21/2019, dated 24.04.2019, corresponding to the appeal of the Public Commissioner against decision no. 103, dated 05.02.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Donika Prela.

The presiding judge informed that two different adjudication panels of the Appeal Chamber have decided to dismiss the request of the assessee for recusal from the adjudication panel of the presiding judge, judge Natasha Mulaj and the member of this panel, judge Ina Rama. The assessee, Mrs. Prela, confirmed that she was acquainted with both decisions that had dismissed her request for recusal.

In his point of view, regarding the new acts that the assessee filed with the adjudication panel in the hearing of 17 July 2020, the Public Commissioner stated that they do not reflect any added value on the provability of the facts which are part of the appeal. The Public Commissioner deemed the requests of the assessee for recusal of judges Ina Rama and Natasha Mulaj as an attempt to procrastinate the process and the adjudication of her case in particular and asked the Appeal Chamber to take this comment into account in the final evaluation, in addition to the appeal grounds.

The legal representative of the assessee requested the reopening of the investigation and asked the adjudication panel to have available time in order to get acquainted with the new acts, on the grounds that she has been newly appointed to the position of legal representative.

Upon an interim decision, the adjudication panel decided to reopen the judicial investigation of the case, allowing the new acts filed by the assessee to be taken as evidence and to adjourn the hearing on 11.09.2020, at 10:00, by asking the litigants to be prepared for the final conclusions of the case.

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.31/2020, dated 30.07.2020 corresponding to the appeal of the assessee Adnand Xhelili against decision no. 237, dated 12.02.2020 of the Independent Qualification Commission.

The lot was drawn today on 03.09.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

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

Presiding judge: Ina Rama

Rapporteur:   Sokol Çomo

Members:  Albana Shtylla, Ardian Hajdari, Rezarta Schuetz

***

Announcement

The Appeal Chamber has registered the case (JR) no. 32/2020, dated 31.08.2020 corresponding to the appeal of the assessee Bernina Kondi against decision no. 259, dated 15.06.2020 of the Independent Qualification Commission.

The lot was drawn today on 03.09.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges

Presiding judge: Ardian Hajdari

Rapporteur:   Ina Rama

Members:  Albana Shtylla, Rezarta Schuetz, Sokol Çomo

***

Announcement

The Appeal Chamber has registered the case (JR) no.33/2020, dated 01.09.2020 corresponding to the appeal of the assessee Ndue Gjura against decision no. 266, dated 18.06.2020 of the Independent Qualification Commission

The lot was drawn today on 03.09.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

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

Presiding judge: Ina Rama

Rapporteur:   Natasha Mulaj

Members:  Ardian Hajdari, Rezarta Schuetz, Sokol Çomo

The Appeal Chamber announces that following to the decision no. 14, dated 24.07.2020 of the Meeting of Judges on the suspension of judge Luan Daci, the lot was drawn for the replacement of the judge in the adjudication panel that shall review the case (JR) no. 27/2019, dated 20.05.2019 corresponding to the assessee Fatmir Lushi.

Based on the lot, judge Luan Daci was replaced by judge Ina Rama.

Eventually, the adjudication panel of the case (JR) no. 27/2019, dated 20.05.2019, shall be composed of the following judges:

Presiding judge: Natasha Mulaj

Rapporteur: Ardian Hajdari

Members: Albana Shtylla, Ina Rama, Rezarta Schuetz

The Appeal Chamber informs that due to this reason, the review in camera was adjourned, to be held on 08.09.2020, at 9.30 h.

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

The adjudication panel of the Appeal Chamber composed of judges, Natasha Mulaj Presiding judge, Ardian Hajdari case rapporteur and members Albana Shtylla, Ina Rama and Rezarta Schuetz announced the decision on the case (JR) no.27/2019, dated 20.05.2019, corresponding to the appeal of the assessee Fatmir Lushi, against decision no. 125, dated 26.03.2019 of the Independent Qualification Commission.
In conclusion of the review in camera, the adjudication panel, pursuant to Article 66, paragraph 1, item “a” of the Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, unanimously, decided:
1.Upholding of decision no. 125, dated 26.03.2019 of the Independent Qualification Commission, corresponding to the assessee Fatmir Lushi.
2.This decision is final and effective immediately.
Announced today in Tirana, on 08.09.2020.

The Appeal Chamber announces that the in camera hearing on 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, is adjourned to be held on Thursday 10.09.2020, at 9:30, so that the assessee can be notified on the change of the composition of the adjudication panel.

The adjudication panel consist of judges:

Presiding judge: Ina Rama

Rapporteur:  Albana Shtylla

Members:  Ardian Hajdari, Rezarta Schuetz, Sokol Çomo

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

The adjudication panel of the Appeal Chamber composed of judges, Ina Rama Presiding judge, Albana Shtylla case rapporteur and members Ardian Hajdari, Rezarta Schuetz and Sokol Çomo, announced the decision on 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.

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

1. Upholding of decision no. 150, dated 28.05.2019 of the Independent Qualification Commission, corresponding to the assessee Roland Jaupaj.
2. This decision is final and effective immediately.

Announced today in Tirana, on 10.09.2020.

The Appeal Chamber held on 11.09.2020, at 10:00, the public hearing on the case (JR) no. 21/2019, dated 24.04.2019, corresponding to the appeal lodged by the Public Commissioner against decision no. 103, dated 05.02.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Donika Prela.

While verifying the presence of the litigants, the presiding judge noticed that the assessee, Donika Prela was absent and only her legal representative was present. After the adjudication panel withdrew to consult whether the representation conditions by the legal representative of the assessee were complete, the presiding judge informed the litigants regarding a statement which was recently sent electronically to the Appeal Chamber, upon which the sender, Donika Prela had stated that she would not participate in the hearing and in her absence she would be represented by lawyer Blerina Dodaj, being present.

After the litigants requested the continuation of the adjudication, based on the new evidence filed by the assessee, Mrs. Prela, her legal representative submitted her objections regarding each of the appeal grounds filed by the Public Commissioner.

The Public Commissioner stated that he was ready to submit the final conclusions during today’s hearing, while the legal representative of the assessee asked the adjudication panel for more time to submit the conclusions and she would do it after having heard the submissions of the Public Commissioner and after having consulted it with the assessee.

The adjudication panel decided to conclude the judicial investigation of the case and deemed the request of the legal representative of the assessee for the submission of the final conclusions after having heard the conclusions of the Public Commissioner, as ungrounded.

The adjudication panel deemed that the conclusions of the Public Commissioner and those of the assessee should be submitted within the same hearing. Upon this reason, the adjudication panel decided to adjourn the hearing on 18.09.2020, at 9.00.

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

On Monday 12.10.2020, at 10:00, the Appeal Chamber shall review in camera the case (JR) no. 42/2019, dated 17.09.2019, corresponding to the appeal of the assessee Fuat Vjerdha, against decision no. 155, dated 10.06.2019of the Independent Qualification Commission.

The adjudication panel for this case consists of judges:

Presiding judge:  Ardian Hajdari

Rapporteur:        Ina Rama

Members:           Albana Shtylla, Natasha Mulaj, Rezarta Schuetz

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

On Thursday 01.10.2020, at 10:00 h, the Appeal Chamber shall review in camera the case (JR) no. 11/2019, dated 21.02.2019, corresponding to the appeal of the assessee Luan Dervishi, against decision no. 83, dated 26.11.2018 of the Independent Qualification Commission.

The adjudication panel for this case consists of judges:

Presiding judge:  Ardian Hajdari

Rapporteur:        Sokol Çomo

Members:           Albana Shtylla, Ina Rama, Natasha Mulaj

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

On 15.09.2020, the Appeal Chamber drew the lot to replace the member of the adjudication panel, judge Luan Daci, assigned as member in the case (JR) no. 57/2019, dated 11.11.2019 corresponding to the appeal of the assessee Elvin Gokaj and the appeal of the Public Commissioner against decision no. 187, dated 24.07.2019 of the Independent Qualification Commission.

Based on the lot, judge Luan Daci was replaced by judge Rezarta Schuetz.

The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.

Eventually, the adjudication panel of the case (JR) no. 57/2019, dated 11.11.2019, shall be composed of the following judges:

Presiding judge: Natasha Mulaj

Rapporteur: Albana Shtylla

Members: Ardian Hajdari, Rezarta Schuetz, Sokol Çomo

On Tuesday, 06.10.2020, at 10:00 h, the Appeal Chamber shall review in public hearing the case (JR) no. 57/2019, dated 11.11.2019 corresponding to the appeal of the Public Commissioner and the appeal and counter-appeal of the assessee Elvin Gokaj against decision no. 187, dated 24.07.2019 of the Independent Qualification Commission.

The adjudication panel of this case is composed of judges:

Chairperson: Natasha Mulaj

Rapporteur: Albana Shtylla

Members: Ardian Hajdari, Rezarta Schuetz, Sokol Çomo

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

On Wednesday 16.09.2020, at 09:00, the Appeal Chamber shall review in camera the case (JR) no. 30/2019, dated 06.06.2019, corresponding to the appeal of the assessee Fehmi Petku, against decision no. 136, dated 09.04.2019 of the Independent Qualification Commission.

The adjudication panel for this case consists of judges:

Presiding judge:  Albana Shtylla

Rapporteur:        Natasha Mulaj

Members:           Ardian Hajdari, Ina Rama, Sokol Çomo

The review in camera shall take place at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber announces that the review in camera on 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, scheduled to be held on 21.09.2020, at 09:30, for objective reasons, shall be held on Wednesday 30.09.2020, at 10:00 h.

The adjudication panel of this case is composed of judges:

Presiding judge: Albana Shtylla

Rapporteur:  Ina Rama

Members:  Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz

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

The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Albana Shtylla, case rapporteur Natasha Mulaj, and members Ardian Hajdari, Ina Rama, Sokol Çomo, announced the decision on the case (JR) no. 30/2019, dated 06.06.2019, corresponding to the appeal of the assessee Fehmi Petku, against decision no. 136, dated 09.04.2019 of the Independent Qualification Commission.

In conclusion of the review in camera, 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”, the adjudication panel, unanimously, decided:

• Upholding of decision no. 136, dated 09.04.2019 of the Independent Qualification Commission, corresponding to the assessee Fehmi Petku.
• This decision is final and effective immediately.

Announced in Tirana, today, on 16.09.2020.

The Appeal Chamber held on 18.09.2020, at 09:00, the public hearing on the case (JR) no. 21/2019, dated 24.04.2019, corresponding to the appeal lodged by the Public Commissioner against decision no. 103, dated 05.02.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Donika Prela.

In today’s hearing, the litigants submitted and read out loud their final conclusions. The Public Commissioner stated that he stands by his appeal, because he is of the opinion that the new evidence submitted by the assessee failed to prove the contrary of the appeal grounds. The Public Commissioner asked the Appeal Chamber to amend decision no. 103, dated 05.02.2019, of the Independent Qualification Commission and dismiss the assessee Donika Prela from office.

During the submission of the final conclusions, the legal representative of the assessee submitted and read out loud the objections for each of the appeal grounds, considering them as unfounded in law and in evidence. The assessee, Mrs. Prela, asked the Appeal Chamber not to take into consideration the appeal grounds filed by the Public Commissioner and to uphold the decision no. 103, dated 05.02.2019, of the Independent Qualification Commission.

After having heard the final conclusions of the litigants, the adjudication panel withdrew to make the final decision on the case, which shall be announced on 25.09.2020, 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.

On Thursday 15.10.2020, at 10:00 h, the Appeal Chamber shall review in camera the case (JR) no. 28/2019, dated 24.05.2019, corresponding to the appeal of the assessee Çlirim Shahini, against decision no. 124, dated 26.03.2019 of the Independent Qualification Commission.

The adjudication panel for this case consists of judges:

Presiding judge:  Sokol Çomo

Rapporteur:        Rezarta Schuetz

Members:           Ardian Hajdari, Ina Rama, Natasha Mulaj

The review in camera 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.34/2020, dated 10.09.2020 corresponding to the appeal of the assessee Entela Shedula against decision no. 254, dated 04.06.2020 of the Independent Qualification Commission.

The lot was drawn today on 22.09.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case..

The adjudication panel, assigned by lot, consists of judges

Presiding Judge: Albana Shtylla

Rapporteur:   Sokol Çomo

Members:  Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz

***

Announcement

The Appeal Chamber has registered the case (JR) no.35/2020, dated 11.09.2020 corresponding 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 lot was drawn today on 22.09.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

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

Presiding Judge: Natasha Mulaj

Rapporteur:  Albana Shtylla

Members:  Ina Rama, Rezarta Schuetz, Sokol Çomo

***

Announcement

The Appeal Chamber has registered the case (JR) no.36/2020, dated 11.09.2020 corresponding 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 lot was drawn today on 22.09.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

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

Presiding Judge: Sokol Çomo

Rapporteur:  Natasha Mulaj

Members: Albana Shtylla, Ardian Hajdari, Rezarta Schuetz

***

Announcement

The Appeal Chamber has registered the case no.37/2020, dated 16.09.2020 corresponding to the appeal of the assessee Spartak Çoçoli against decision no. 274, dated 16.07.2020 of the Independent Qualification Commission.

The lot was drawn today on 22.09.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

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

Presiding Judge: Rezarta Schuetz

Rapporteur:   Ardian Hajdari

Members:  Albana Shtylla, Ina Rama, Natasha Mulaj

***

Announcement

The Appeal Chamber has registered the case (JR) no.38/2020, dated 18.09.2020 corresponding to the appeal of the assessee Skënder Haluci against decision no. 244, dated 05.03.2020 of the Independent Qualification Commission

The lot was drawn today on 22.09.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges

Presiding Judge: Albana Shtylla

Rapporteur:   Sokol Çomo

Members:  Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz

The adjudication panel of the Appeal Chamber composed of judges, Natasha Mulaj Presiding judge, Ardian Hajdari case rapporteur and members Ina Rama, Rezarta Schuetz, Sokol Çomo, announced the decision on the case (JR) no. 21/2019, dated 24.04.2019, corresponding to the appeal of the Public Commissioner against decision no. 103, dated 05.02.2019 of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Donika Prela.

In conclusion of the adjudication, the adjudication panel, pursuant to Article 66, paragraph 1, item “b” of the Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, unanimously, decided:

1. Amendment of decision no. 103, dated 05.02.2019 of the Independent Qualification Commission, corresponding to the assessee Donika Prela and dismissal of the assessee from office.
2. This decision is final and effective immediately.

Announced today in Tirana, on 25.09.2020.

On Friday 16.10.2020, at 10:00, the Appeal Chamber shall review in camera 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 adjudication panel for this case consists of judges:

Presiding judge:  Albana Shtylla

Rapporteur:        Natasha Mulaj

Members:           Ina Rama, Rezarta Schuetz, Sokol Çomo

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

The Appeal Chamber announces that the review in camera on 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, scheduled to be held on 21.09.2020, at 09:30, for objective reasons, shall be held on Wednesday 30.09.2020, at 10:00 h.

The adjudication panel of this case is composed of judges:

Presiding judge: Albana Shtylla

Rapporteur:  Ina Rama

Members:  Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz

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

The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Albana Shtylla, case rapporteur Ina Rama and members Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz announced the decision on 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.

In conclusion of the review in camera, 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”, the adjudication panel, upon majority votes, decided:

1. Upholding of decision no. 138, dated 09.04.2019 of the Independent Qualification Commission, corresponding to the assessee Ferdinand Elezi.
2. This decision is final and effective immediately.

Announced in Tirana, today, on 30.09.2020.