Announcement

The Appeal Chamber has registered the case (JR) no. 44/2021, dated 09.08.2021, corresponding to the appeal of the assessee Tomorr Kullolli against decision no. 396, dated 09.06.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Ardian Hajdari

Members: Sokol Çomo, Ina Rama, Albana Shtylla

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Announcement

The Appeal Chamber has registered the case (JR) no. 45/2021, dated 16.08.2021, corresponding to the appeal of the assessee Agim Dalipaj against decision no. 402, dated 17.06.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Ina Rama

Members: Ardian Hajdari, Natasha Mulaj, Albana Shtylla

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Announcement

The Appeal Chamber has registered the case (JR) no. 46/2021, dated 23.08.2021, corresponding to the appeal of the assessee Luveda Dardha against decision no. 398, dated 11.06.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Sokol Çomo

Rapporteur: Rezarta Schuetz

Members: Ardian Hajdari, Natasha Mulaj, Albana Shtylla

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Announcement

The Appeal Chamber has registered the case (JR) no. 47/2021, dated 23.08.2021, corresponding to the appeal of the assessee Anila Galanxhi (Pappa) against decision no. 421, dated 13.07.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Ina Rama

Rapporteur: Natasha Mulaj

Members: Sokol Çomo, Ardian Hajdari, Albana Shtylla

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Announcement

The Appeal Chamber has registered the case (JR) no. 48/2021, dated 30.08.2021, corresponding to the appeal of the assessee Alma Hicka against decision no. 364, dated 02.04.2021 of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Ina Rama

Rapporteur: Ardian Hajdari

Members: Sokol Çomo, Natasha Mulaj, Rezarta Schuetz

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Announcement

The Appeal Chamber has registered the case (JR) no. 49/2021, dated 31.08.2021, corresponding to the appeal of the assessee Avni Kraja against decision no. 386, dated 18.05.2021, of the Independent Qualification Commission.

Today on 07.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Albana Shtylla

Rapporteur: Ina Rama

Members: Sokol Çomo, Ardian Hajdari, Rezarta Schuetz

Today on 08.09.2021, at 10:00 h the Appeal Chamber held the public hearing of case (JR) 30/2021, dated 02.06.2021, corresponding to the appeal of the Public Commissioner against the decision of the Independent Commission of Qualification no. 374, dated 23.04.2021, related to the assessee Shkëlqim Miri.

After establishing the absence of the assessee or any of his legal representatives, the presiding judge informed the court that the assessee has confirmed the receipt of the notification for the hearing and failed to file any reasonable legal grounds for not attending this hearing.

Following the review of the case in the absence of the assessee, the Public Commissioner submitted the final conclusions, requesting in his final conclusions that the Appeal Chamber: reviews decision no. 374, dated 23.04.2021 of the Independent Qualification Commission and pursuant to Article 66 of Law no. 84/2016, and decides:

The amendment of paragraph 1 of the enacting clause of this decision, classifying the re-evaluation process of Mr. Shkëlqim Miri as a case unconcluded for the effect of the re-evaluation jurisdiction.

Also, the Public Commissioner, referring to Article 66, paragraph 2, of Law no. 84/2016, requested the Chamber to guide the Commission in resolving similar cases in the reasoning of its decisions.

Following the final conclusions of the Public Commissioner, the trial panel withdrew to make the final decision on the case, to be announced on 16.09.2021, at 13:00 h.

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

The Appeal Chamber has registered the case (JR) no. 50/2021, dated 01.09.2021, corresponding to the appeal of the assessee Genci Qana against decision no. 362, dated 31.03.2021, of the Independent Qualification Commission.

Today on 08.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Sokol Çomo

Rapporteur: Rezarta Schuetz

Members: Ardian Hajdari, Natasha Mulaj, Ina Rama

Today, on 08.09.2021, at 12:00 h, the Appeal Chamber held the public hearing of case (JR) 53/2019, dated 25.10.2019, corresponding to the appeal of the Public Commissioner against decision no. 183, dated 19.07.2019, of the Independent Commission of Qualification, related to the assessee Petrit Çano.

The Public Commissioner and the International Observer of the International Monitoring Operation stated that they were informed with the legal and constitutional interpretation of the intelligence authority, and that it was not possible to acquaint them with the “state secret” classified information which led to the amendment of the background assessment report from appropriate, to inappropriate.

As two hearings on this case have been postponed to get acquainted with the ground that led to the revision of the background assessment report, the Public Commissioner stated that he leaves to the court the evaluation on this ground, underlining that the trial panel shall take it into consideration within the judicial investigation of the case.

Even the legal representative of the assessee stated that he leaves with the court the evaluation of the ground that led to the amendment of the background assessment report for Mr. Petrit Çano.

Since the parties stated that they had no new evidence and requests, the trial panel decided to close the judicial investigation and requested the parties to submit their final conclusions.

At the request of the parties, for the preparation of the final conclusions, the trial panel decided to adjourn the hearing until 14.09.2021, at 14:00 h.

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

Today, on 09.09.2021, at 10:00 h, the Appeal Chamber held the public hearing of case (JR) 12/2021, dated 03.03.2021, corresponding to the appeal of the Public Commissioner against decision no. 324, dated 11.12.2020, of the Independent Commission of Qualification, related to the assessee Sokol Ngresi.

The presiding judge informed the parties on the delivery of the response from the State Cadaster Agency upon the request of the Chamber, as well as of a denunciation forwarded by the Institution of the Public Commissioner against the assessee.

To the purpose of the examination of the case, the assessee submitted several new acts sent at his request by the Prosecution office at Vlora First Instance Court and Vlora Regional Directorate of Taxes, which he demanded to be collected as evidence by the trial panel.

Pursuant to the interim decision of the hearing dated 26.07.2021, in order to investigate the denunciations where it is alleged an undisclosed property by the assessee, the trial panel summoned the citizen F.K. as a witness, who presented his testimony, some original acts of the preliminary immovable property sales contract and responded to the questions of the trial panel, assessee and the observer of the International Monitoring Operation.

When requested by the presiding judge to maintain a position with respect to the witness’s testimony, the assessee stated that it proved the lack of any circumstance for the conclusion of a regular sales contract. According to Mr. Ngresi, the contract submitted by the witness, which was made available to the Public Commissioner and assessee, is forged and untrue.

Based on Article 213 of the Civil Procedure Code and Article 49 of Law 84/2016, the trial panel decided to allow the administration as evidence of the acts submitted by the assessee Mr. Sokol Ngresi, as well as by the witness, citizen F.K. Subsequently, the assessee reiterated his position that the acts submitted in today’s hearing by the witness do not constitute evidence since, according to him, they are falsified and that they are the subject of a criminal proceeding, to prove their intellectual falsity.

With regards to the acts administered as evidence by the trial panel, the Public Commissioner reserved the right to make a statement with the final conclusions, after the closing of the judicial investigation.

Pursuant to Article 49, para 1/b of Law 84/2016, as well as Article 224/a of the Civil Procedure Code, the trial panel decided to submit to the expertise the original acts filed by witness F.K., if there are elements of forgery, as follows:

– Preliminary contract for the sale of real estate; three payment orders and the payment mandate, as well as the declaration of the revocation of the contract.

Also, the trial panel decided to summon an expert from the Scientific Police Institute at the General Directorate of State Police, in the capacity of a forensic expert.

As per the above, the hearing shall be adjourned until 21.09.2021, at 10.00h. The public hearing shall take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no.3. Tirana.

Today, on 08.09.2021, at 12:00 h, the Appeal Chamber held the public hearing of case (JR) 53/2019, dated 25.10.2019, corresponding to the appeal of the Public Commissioner against decision no. 183, dated 19.07.2019, of the Independent Commission of Qualification, related to the assessee Petrit Çano.

The Public Commissioner and the International Observer of the International Monitoring Operation stated that they were informed with the legal and constitutional interpretation of the intelligence authority, and that it was not possible to acquaint them with the “state secret” classified information which led to the amendment of the background assessment report from appropriate, to inappropriate.

As two hearings on this case have been postponed to get acquainted with the ground that led to the revision of the background assessment report, the Public Commissioner stated that he leaves to the court the evaluation on this ground, underlining that the trial panel shall take it into consideration within the judicial investigation of the case.

Even the legal representative of the assessee stated that he leaves with the court the evaluation of the ground that led to the amendment of the background assessment report for Mr. Petrit Çano.

Since the parties stated that they had no new evidence and requests, the trial panel decided to close the judicial investigation and requested the parties to submit their final conclusions.

At the request of the parties, for the preparation of the final conclusions, the trial panel decided to adjourn the hearing until 14.09.2021, at 14:00 h.

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

The Appeal Chamber has registered the case (JR) no. 51/2021, dated 08.09.2021 corresponding to the appeal of the assessee Olsi Xhavella against decision no. 357, dated 18.03.2021 of the Independent Qualification Commission.

Today on 14.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge, and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Natasha Mulaj

Rapporteur: Albana Shtylla

Members:  Sokol Çomo, Ardian Hajdari, Ina Rama

On Tuesday 27.07.2021, the Appeal Chamber reviewed in camera the case no. (JR) 8/2020, dated 07.02.2020, corresponding to the appeal of the assessee Arben Vrioni filed against decision no. 214, dated 22.11.2019 of the Independent Qualification Commission.

Following the review of the case, pursuant to article F, paragraph 3 of the Annex to Constitution and article 51, paragraph 1, item “b” of law no.49/2012 on “Administrative Courts and Adjudication of Administrative Disputes” as amended, the trial panel decided to adjudicate the case in public hearing, on Wednesday 15.09.2021, at 10:00.

The decision to adjudicate the case in public hearing was made to guarantee to the assessee Arben Vrioni the protection of the fundamental rights regarding the examination of his case.

The trial panel for the adjudication of this case is composed of:

Presiding judge: Rezarta Schuetz

Rapporteur: Ardian Hajdari

Members:  Ina Rama, Natasha Mulaj, Sokol Çomo

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

On Wednesday, 06.10.2021, at 10:00 hrs., there shall be adjudicated in a public hearing case (JR) no. 21/2021, dated 29.04.2021, related to the appeal filed by the Public Commissioner against decision no. 332, dated 12.01.2021 of the Independent Qualification Commission concerning assessee Lindita Male (Ziguri).

The panel for the adjudication of this case is composed of the following:

Presiding judge: Ina Rama

Judge-Rapporteur: Rezarta Schuetz

Panel members:  Albana Shtylla, Ardian Hajdari, Natasha Mulaj

The public hearing shall take place at the premises of the Appeal Chamber, at Bulevardi “Dëshmorët e Kombit”, nr. 3. Tiranë.

The Appeal Chamber has registered the case (JR) no. 52/2021, dated 09.09.2021 corresponding to the appeal of the assessee Alketa Zifla against decision no. 401, dated 16.06.2021 of the Independent Qualification Commission.

Today on 16.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the case rapporteur.

The trial panel assigned by lot is composed of the following judges:

Presiding: Ardian Hajdari

Rapporteur: Sokol Çomo

Members:  Natasha Mulaj, Ina Rama, Rezarta Schuetz

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The Appeal Chamber has registered the case (JR) no. 53/2021, dated 09.09.2021 corresponding to the appeal of the assessee Kreshnik Omari against decision no. 412, dated 06.07.2021 of the Independent Qualification Commission.

Today on 16.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the case rapporteur.

The trial panel assigned by lot is composed of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Natasha Mulaj

Members:  Sokol Çomo, Ardian Hajdari, Ina Rama

The Appeal Chamber held on 16.09.2021, at 13:00 h, the public hearing of case (JR) 30/2021, dated 02.06.2021, corresponding to the appeal of the Public Commissioner against decision no. 374, dated 23.04.2021, of the Independent Commission of Qualification, related to the assessee Shkëlqim Miri.

The presiding judge informed that at the previous hearing dated 08.09.2021, the trial panel withdrew to make the final decision, to be announced in today’s hearing, but in the absence of the case rapporteur for objective health reasons, the trial panel was unable to reach a final decision.

Under such circumstances, the trial panel decided ti re-withdrew to make the decision, to be announced on 07.10.2021, at 12:00h.

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

The Appeal Chamber held on 21.09.2021, at 10:00 h, the public hearing of case (JR) 12/2021, dated 03.03.2021, corresponding to the appeal of the Public Commissioner against decision no. 324, dated 11.12.2020, of the Independent Commission of Qualification, related to the assessee Sokol Ngresi.

In the absence of one of the judges due to objective health grounds and due to the lack of formation of the trial panel, the presiding judge announced that the hearing shall be adjourned, to be held on 01.10.2021, at 10:00 h.

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

The trial panel of the Appeal Chamber composed of judges, Rezarta Schuetz, presiding, Ina Rama, rapporteur, Albana Shtylla, Ardian Hajdari, Sokol Çomo, members, announced the decision on case (JR) 53/2019, dated 25.10.2019, corresponding to the appeal of the Public Commissioner against decision no. 183, dated 19.07.2019, of the Independent Commission of Qualification, related to the assessee Petrit Çano.

The trial panel, at the conclusion of the trial, pursuant to Article 66, para 1/a, of Law no. 84/2016, “On the transitional reevaluation of judges and prosecutors in the Republic of Albania”, unanimously, decided:

1. To uphold IQC decision no. 183, dated 19.07.2019, related to the assessee Petrit Çano.
2. This decision is final and effective immediately.

Announced in Tirana, today, on 21.09.2021.

Today, on 28.09.2021, at 10:00, the Appeal Chamber held the hearing in chambers of case (JR) no. 47/2019, dated 03.10.2019, corresponding to the appeal of the assessee Gurali Brahimllari against decision no. 166, dated 21.06.2019 of the Independent Qualification Commission.

The case rapporteur informed that due to health reasons, the presiding judge found it impossible to attend today’s hearing. In these conditions, due to the impossibility to form the trial panel, it was decided to adjourn the hearing until October 11, 2021, at 10:00h.

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 has registered the case (JR) no. 54/2021, dated 24.09.2021, corresponding to the appeal of the assessee Saimir Smaka against decision no. 415, dated 07.07.2021 of the Independent Qualification Commission.

Today on 29.09.2021, the lot was drawn at the Appeal Chamber to assign the trial panel, the presiding judge and the rapporteur of the case.

The trial panel assigned by lot is composed of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Ina Rama

Members: Sokol Çomo, Natasha Mulaj, Albana Shtylla

Today, on 30.09.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) no.53/2020, dated 24.11.2020, corresponding to the appeal of the Public Commissioner against decision no. 286, dated 04.08.2020 of the Independent Qualification Commission, related to the assessee Genti Shala.

In this hearing, the Public Commissioner, Mr. Darjel Sina, submitted the grounds of the appeal filed by the Public Commissioner, Mr. Florian Ballhysa, who had informed on the objective impossibility to attend this hearing.

The Public Commissioner, while addressing the appeal grounds, requested the Appeal Chamber to reopen the judicial investigation with regard to two new issues, uninvestigated and not addressed by the Independent Qualification Commission in the decision subject to review, namely, a denunciation sent to the address of the International Monitoring Operation, on 10.11.2020, regarding the claim of the concealed ownership of the assessee in a construction company and a loan contract of 2015, reflected in the notary register, administered by the Ministry of Justice.

In the context of the appeal grounds, the Public Commissioner requested the trial panel the complete administration of the documentary practices of the two aforementioned issues.

On the other side, the assessee objected the claims of the denunciation, considering them false and misleading, whereas with respect to the notarial act he claimed a technical error in the notarial register, underlining that it was a loan contract for the use of a vehicle in 2015, during a family trip abroad, which he submitted to the trial panel and requested to be collected as evidence at trial.

The trial panel, upon an intermediate decision, decided to reopen the judicial investigation and to administer as evidence the acts filed by the assessee as well as to access and administer directly all the data and documents registered in the commercial register of the National Business Center in the electronic file of a company, as well as to not investigate the three denunciations filed with the Appeal Chamber.

Subsequently, following the response of the Public Commissioner to the questions addressed by a member of the trial panel, it was decided to close the judicial investigation and the trial panel invited the parties to submit their final conclusions in the next hearing to be held on 07.10.2021, at 14.00 h.

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