The Appeal Chamber held on June 5, 2019, the next public hearing of case (JR) no. 13/2018, dated 07.09.2018, corresponding to the appeal of the Public Commissioner against decision no.32, dated 05.07.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Ms. Alma Brati.

During today’s hearing, the assessee, in terms of these proceedings, submitted several written acts, requesting the adjudication panel to accept them in the capacity of evidence.

Pursuant to Article 213 of the Civil Procedure Code the adjudication panel decided to accept as evidence the written acts filed by the assessee Alma Brati.

Following a preliminary request of the assessee, the Public Commissioner clarified in summary the limits of the appeal grounds.

The assessee requested the adjudication panel that this statement on the appeal grounds of the Public Commissioner be part of the evidences admitted during today’s hearing. The adjudication panel decided to reject this request of the assessee as it considered that it is not found under the terms of Article 283 of the Civil Procedure Code, and consequently, the submission of the Public Commissioner cannot be considered as court admission. The adjudication panel attributed proof to the fact that the assessee received exhaustive responses from the Public Commissioner.

The assessee stated that she is found in terms when the responsible state bodies fail to make available the complete justifying documentation of income from employment of the other persons related to the assessee, consequently, she requested the adjudication panel to determine the standard of proof of all acts filed up to this point to be considered in the capacity of evidence, in terms of Articles 32/2 and 52/2 of Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.

Taking into account these articles, the assessee requested that the adjudication panel makes a statement with regard to the burden that the evidences shall have in the financial analysis, their veracity and the objective impossibility to submit complete evidences. In order to provide the necessary time to the adjudication panel to make a statement with regard to this request of the assessee, it decided to adjourn the public hearing on 17.06.2019, at 14:30 h.

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