Today on 03.06.2021, at 10.00 the Appeal Chamber held the public hearing of the case (JR) 53/2019, dated 25.10.2019 regarding the appeal of the Public Commissioner filed against decision no. 183 dated 19.07.2021 of the Independent Qualification Commission, corresponding to the assessee Petrit Çano.
The presiding judge of the hearing informed the litigants that the Appeal Chamber had received the requested documentation from the General Directorate of Taxes, Central Directorate of State Agency Cadaster, Prosecution at the First Instance Court of Berat, Prosecution at the First Instance Court of Kruja, Judicial District Court Kruja, Classified Information Security Directorate, State Agency of Cadaster Gjirokastra, Directorate of Water Supply and Sewerage Gjirokastra, Vlora and Lushnja.
After the litigants confirmed that they had gotten acquainted with the documentation, which was accepted as evidence by the trial panel, the Public Commissioner stated his position regarding the new evidence.
During his submission, the legal representative of the assessee stated that the request of the Public Commissioner for additional information regarding the proficiency assessment criterion of the assessee has exceeded the appeal grounds which included only the assets and background criteria. Pursuant to Article 459 of the Code of Civil Procedure, the legal representative asked the Appeal Chamber to consider this request of the Public Commissioner as decadent, as the proficiency assessment criterion was not part of the appeal grounds.
Regarding the new evidence, the legal representative stated that they prove the claims and objections of the assessee regarding the appeal grounds. Attached to the submissions during today’s hearing, in the function of the judicial investigation, the assessee submitted new additional acts, which, by an interim decision were accepted as evidence by the trial panel.
Also, in addition to the documentation received from the institutions, the trial panel decided to request from the Kruja Judicial District Court additional information and ask the CISD to update the report on the background assessment of the assessee, pursuant to Article 39 of the law no. 84/2016. The report must be declassified in function of the proceedings that are taking place with the Appeal Chamber.
Pending the above information, the trial panel decided to adjourn the public hearing on 09.07.2021, at 10:00.
The public hearing shall take place at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.