The Appeal Chamber held on 04.12.2025, at 13:00, the public hearing of case (JR)17/2024, dated 21.05.2024, pertaining to the appeal of the Public Commissioner against decision no. 735, dated 31.01.2024 of the Independent Qualification Commission, related to the assessee Dritan Nushi.
The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania has set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office. Pursuant to Article 199, paragraph 2 of the Civil Procedure Code, the trial panel decided the procedural transfer from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office, Mr. Klodjan Braho, present at the hearing.
During the submission of the appeal grounds related to the proficiency assessment, the representative of the Head of the Special Prosecution Office, referring to the criminal proceedings administered by the assessee during the exercise of his office, maintained that there were shortcomings in the evaluation of evidence, legal reasoning, and in the undertaking of appropriate investigative actions. According to Mr. Braho, the approach of the assessee on the failure of implementation of the legislation in force regarding an illegal construction on a property in his use, such omission contrary to the ethics of the prosecutor, as well as the inconsistent statements of the assessee regarding a purchased property, registered by his parents, which have led to the objective incapacity to review the sources of its creation, should be taken into consideration by the Appeal Chamber in an overall evaluation of all three criteria and, referring to Article 61, paragraph 5 of Law 84/2016, the violation of public trust in the justice system.
The representative of the Head of the Special Prosecution Office stated that during the AC proceedings, the assessee has the right to file additional evidence and arguments challenging the appeal, but referring to the current state of the acts, Mr. Braho requested the amendment of the decision no. 735, dated 31.01.2024 and the dismissal from office of the assessee Dritan Nushi.
The assessee opposed the appeal of the representative of the Head of the Special Prosecution Office as unsupported in evidence and law, as a biased and fragmented interpretation, as well as lacking legal arguments to overturn the decision of the Independent Qualification Commission that confirmed him in office. The assessee and his legal representative provided detailed explanations disputing the appeal grounds, and in support of their claims filed several acts, which they requested to be admitted as evidence. The assessee requested the Chamber the dismissal of the appeal, the opening of the judicial investigation of the case in order to obtain new evidence and the upholding of decision no. 735, dated 31.01.2024 of the Independent Qualification Commission.
With regard to the complaints, the representative of the Head of the Special Prosecution Office stated that they contain no grounds for further investigations, a position shared by the assessee.
After being consulted, the trial panel decided to open the judicial investigation of the case, accepting as evidence the acts lodged by the assessee, except for the ones already part of the file of the Independent Qualification Commission.
With respect to the complaints, after hearing the positions of the parties and being acquainted with the acts attached to them, the trial panel decided not to undertake further investigations, since the circumstances of Article 53 of Law 84/2016 are not met, while for one of them it was assessed that its further investigation is contrary to the provisions of Article E, paragraph 2 of the Annex to the Constitution.
Once the parties declared that they had no other procedural requests, the trial panel decided to close the judicial investigation, inviting the parties to submit their final conclusions at the next hearing to be held on 16.12.2025, at 09:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.