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The Appeal Chamber held on 05.03.2025, at 13:00, the public hearing of case (JR) 23/2022, dated 30.05.2024, pertaining to the appeal of the Public Commissioner against decision no. 524, dated 08.04.2022, of the Independent Qualification Commission, related to the assessee Elfrida Bregova.

Following the previous hearing, the presiding judge informed the parties that the Appeal Chamber has received the AKSIK response, which informs that SHISH has declined to declassify the updated report for the assessee Elfrida Bregova. Also, the construction company of the apartment declared by the assessee and the person related to her responded to the AC request, maintaining that it does not have information on the case, since the 5-year time limit for the preservation of documentation has been elapsed. The parties confirmed their acquaintance with the complete documentation of these acts.

With regard to the above, the Head of the Special Prosecution Office stated that in the absence of the requested information, it should be proceeded with the evidence and data administered in the case file during the proceedings held at the IQC and AC.

The legal representative of the assessee stated that the evidence, part of the case file, is exhaustive and clearly defines all the legal relationships of the assessee. The legal representative added that SHISH provided no legal grounds on the reasons for the exclusion from the declassification of the updated report for the assessee Elfrida Bregova. The legal representative requested the trial panel through a written request, that, since the trial panel, as well as the Head of the Special Prosecution Office, has been acquainted with the classified report, to inform the court whether the updated report has any changes compared to the previous one. In the framework of a due process of law, this information would assist the assessee to maintain a position in case it was deemed necessary by the trial panel.

With regard to this request, on behalf of the trial panel, the presiding judge stated that the Chamber is not found in such circumstances that it may provide a conclusion regarding a report drafted by a working group established to this purpose, and informed as well that the trial panel has not found any issues on which it is necessary for the assessee to maintain a position.

Once the parties stated that they had no other procedural requests, the trial panel closed the judicial investigation and invited them to submit their final conclusions.

The Head of the Special Prosecution Office finally requested the Appeal Chamber the upholding of decision no. 524, dated 08.04.2022 of the Independent Qualification Commission, related to the assessee Elfrida Bregova. The legal representative of the assessee maintained the same position as the Head of the Special Prosecution Office.

Following the hearing the final requests of the parties, the trial panel closed the judicial review of the case and withdrew to make the final decision, to be announced on 13.03.2025, at 09:00.

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

On Thursday, 06.03.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) nr. 11/2022, dated 17.02.2022, pertaining to the appeal of the assessee Binas Nina against decision no. 489, dated 16.12.2021 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Rezarta Schuetz

Rapporteur: Sokol Çomo

Members: Ina Rama, Mimoza Tasi, Natasha Mulaj

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

The trial panel of the Appeal Chamber, consisting of judges, Rezarta Schuetz presiding, Sokol Çomo rapporteur, Ina Rama, Mimoza Tasi, Natasha Mulaj members, announced the decision on case no. 11/2022, dated 17.02.2022, pertaining to the appeal of the assessee Binas Nina against decision no. 489, dated 16.12.2021 of the Independent Qualification Commission.

At the conclusion of the trial in chambers, the trial panel, 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”, unanimously decided:

– Upholding decision no. 489, dated 16.12.2021 of the Independent Qualification Commission, related to the assessee Binas Nina.

– This decision is final and effective immediately.

Announced in Tirana, today, on 06.03.2025.

On Tuesday, 11.03.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 40/2022, dated 14.09.2022, pertaining to the appeal of the assessee Enkeleda Kapedani against decision no. 533, dated 18.05.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Rezarta Schuetz

Rapporteur: Natasha Mulaj

Members: Albana Shtylla, Mimoza Tasi, Sokol Çomo

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

The trial panel of the Appeals Chamber, consisting of judges, Rezarta Schuetz presiding, Natasha Mulaj rapporteur, Albana Shtylla, Mimoza Tasi, Sokol Çomo members, announced the decision on case no. 40/2022, dated 14.09.2022, pertaining to the appeal of the assessee Enkeleda Kapedani against decision no. 533, dated 18.05.2022 of the Independent Qualification Commission.

At the conclusion of the trial in chambers, the trial panel, 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”, by a majority vote, decided:

– Upholding decision no. 533, dated 18.05.2022 of the Independent Qualification Commission, related to the assessee Enkeleda Kapedani.

– This decision is final and effective immediately.

Announced in Tirana, today, on 11.03.2025.

On Wednesday, 12.03.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 48/2023, dated 26.10.2023, pertaining to the appeal of the assessee Merita Selimi against decision no. 691, dated 27.07.2023 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Rezarta Schuetz

Rapporteur: Ina Rama

Members: Albana Shtylla, Mimoza Tasi, Natasha Mulaj

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

The trial panel of the Appeal Chamber, consisting of judges, Rezarta Schuetz, presiding, Ina Rama rapporteur, Albana Shtylla, Mimoza Tasi, Natasha Mulaj members, announced the decision on case no. 48/2023, dated 26.10.2023, pertaining to the appeal of the assessee Merita Selimi against decision no. 691, dated 27.07.2023 of the Independent Qualification Commission.

At the conclusion of the trial in chambers, the trial panel, pursuant to Article 66, paragraph 1 (b) of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:

– Amendment of decision no. 691, dated 27.07.2023 of the Independent Qualification Commission and confirmation in office of the assessee Merita Selimi.

– This decision is final and effective immediately.

Announced in Tirana, today, on 12.03.2025.

On Wednesday, 23.04.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 31/2022, dated 13.07.2022, pertaining to the appeal of the assessee Emror Kasaj against decision no. 529, dated 09.05.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Rezarta Schuetz

Rapporteur: Albana Shtylla

Members: Ina Rama, Natasha Mulaj, Sokol Çomo

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

The Appeal Chamber held on 13.03.2025, at 10:00, the public hearing of case (JR) 27/2024, dated 18.07.2024, pertaining to the appeal of the Public Commissioner against decision no. 754, dated 05.04.2024 of the Independent Qualification Commission, related to the assessee Mirela Mishgjoni.

During the verification of the presence of the parties, the presiding judge informed the parties that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania has determined the transfer of powers 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. Adnan Xholi, present in this judicial proceedings.

Mr. Xholi submitted the appeal grounds on the asset assessment criterion, also in support of the IMO recommendation for filing the appeal, considering that the IQC decision is not in full compliance with the state of facts and evidence administered in the file, and that the assessee has failed to reach a reliable level in the assets assessment, making an incorrect and insufficient declaration, under Article D, paragraphs 3 and 5 of the Annex to the Constitution and Article 61, paragraph 3 and 5 of Law no. 84/2016. At the conclusion of his submissions, the prosecutor of the Special Prosecution Office, Mr. Xholi, requested from the Chamber the consideration of the appeal grounds and the amendment of decision no. 754, dated 05.04.2024 of the Independent Qualification Commission and the dismissal from office of the assessee Mirela Mishgjoni.

The assessee presented in detail her objections against the appeal grounds, regarding all the assets submitted in the Public Commissioner’s appeal, owned by the assessee and her related persons, acquired before and during the period of assuming office. In support of her claims, the assessee also lodged several documents, which she requested the trial panel to collect them in the capacity of evidence.

The trial panel, after being consulted, decided to open the judicial investigation of the case and to administer as evidence some of the written acts according to the minutes of today’s hearing, except for certain acts that may be accessed from open sources by the trial panel itself.

Given that the parties had no other requests, the trial panel decided to close the judicial investigation of the case and invited the parties to submit the final conclusions of the case, at the hearing dated March 19, 2025, at 08:30.

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

The trial panel of the Appeal Chamber, consisting of judges, Sokol Çomo, presiding, Mimoza Tasi rapporteur, Albana Shtylla, Ina Rama, Natasha Mulaj, members, announced the decision on case no. 22/2022, dated 09.05.2022, pertaining to the appeal of the assessee Violeta Shkurta against decision no. 514, dated 28.02.2022 of the Independent Qualification Commission.

At the conclusion of the trial in chambers, the trial panel, pursuant to Article 66, paragraph 1 (b) of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:

– Amendment of decision no. 514, dated 28.02.2022 of the Independent Qualification Commission and confirming in office the assessee Violeta Shkurta.

– This decision is final and effective immediately.

Announced in Tirana, on 13.03.2025.

The trial panel of the Appeal Chamber, consisting of judges, Rezarta Schuetz, presiding, Albana Shtylla, rapporteur, Ina Rama, Mimoza Tasi, Sokol Çomo, members, announced the decision on case no. 23/2022, dated 30.05.2024, pertaining to the appeal of the Public Commissioner against decision no. 524, dated 08.04.2022 of the Independent Qualification Commission, related to the assessee Elfrida Bregova.

At the conclusion of the trial, the trial panel, 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”, unanimously decided:

– Upholding decision no. 524, dated 08.04.2022 of the Independent Qualification Commission, related to the assessee Elfrida Bregova.

– This decision is final and effective immediately.

Announced in Tirana, today, on 13.03.2025.

On Tuesday, 18.03.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 18/2022, dated 12.04.2022, pertaining to the appeal of the assessee Erind Reovica against decision no. 508, dated 10.02.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding: Sokol Çomo

Rapporteur: Rezarta Schuetz

Members: Albana Shtylla, Ina Rama, Mimoza Tasi

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

The trial panel of the Appeal Chamber, consisting of judges, Sokol Çomo, presiding, Rezarta Schuetz, rapporteur, Albana Shtylla, Ina Rama, Mimoza Tasi, members, announced the decision on case no. 18/2022, dated 12.04.2022, pertaining to the appeal of the assessee Erind Reovica against decision no. 508, dated 10.02.2022 of the Independent Qualification Commission.

At the conclusion of the trial in chambers, the trial panel, 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”, unanimously decided:

– Upholding decision no. 508, dated 10.02.2022 of the Independent Qualification Commission, related to the assessee Erind Reovica.

– This decision is final and effective immediately.

Announced in Tirana, today, on 18.03.2025.

The Appeal Chamber held on 19.03.2025, at 10:00, the public hearing of case (JR) 27/2022, dated 17.06.2022, pertaining to the appeal of the Public Commissioner against decision no. 521, dated 01.04.2022, of the Independent Qualification Commission, related to the assessee Erjon Shehaj.

During the verification of the presence of the parties, the presiding judge informed the parties on the presence of the Head of the Special Prosecution Office, whose attendance in this judicial proceedings is legitimized under Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code, such provisions that allow the procedural transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office.

The presiding judge announced that the parties had been forwarded several public complaints, received after the submission of the appeal, and that the parties should make a stand about them during today’s hearing.

During the submission of the appeal grounds, the Head of the Special Prosecution Office identified findings and issues in terms of investigative actions, notification of acts, interpretation of the law, etc., as well as circumstances identified in a case of conflict of interest, found also in the decision of the Independent Qualification Commission. Based on these findings and issues, the Head of the Special Prosecution Office requested the Chamber to assess them within the framework of the ethical and proficiency assessment of the assessee and to take them into consideration in the overall evaluation of the case in accordance with Article 4, paragraph 2 of Law no. 84/2016, in conjunction with Article 61, paragraph 5 thereof.

The Head of the Special Prosecution Office maintained that, referring to the state of facts and evidence, he shares the opposite position with the IQC, as he considers that the assessee fails to reach a reliable level for his confirmation in office. Mr. Dumani requested the amendment of decision no. 521, dated 01.04.2022, of the Independent Qualification Commission and the dismissal from office of the assessee Erjon Shehaj.

During the submission of the objections, the legal representative of the assessee filed his arguments for each appeal ground, and stated that these grounds do not argue how potential violations related to the proficiency assessment criterion, or circumstances detached from cases reviewed by the assessee during the exercise of his office, could violate the proficiency assessment indicator and, even more so, violate public trust in justice. According to him, these circumstances could be taken into consideration in the overall evaluation of the case for all three assessment criteria and not in the specific case, when the assessee has reached a reliable level in the other two criteria, the asset and background assessment. In support of his submission, the assessee filed new acts, which he requested the trial panel to accept them as evidence, and requested as well the upholding of decision no. 521, dated 01.04.2022 of the Independent Qualification Commission.

With respect to the public complaints filed with the Chamber, the Head of the Special Prosecution Office emphasized that two of them were addressed during the IQC proceedings and no grounds for appeal were raised for them, while two others contained no grounds that would require further

investigation by the Chamber. Regarding one public complaint, he assessed that it meets the formal criteria, but reserved the right to make a statement after hearing the position of the assessee with its regard. After hearing the explanations of the legal representative regarding this complaint, the Head of the Special Prosecution Office considered them detailed and convincing and stated that the allegations described therein are unfounded, therefore, considering unnecessary the further investigation by the Chamber.

After being consulted, the trial panel decided to open the judicial investigation, collecting as evidence the acts deposited in today’s hearing, except for two acts, which the assessee was invited to submit in the form required by law, preferably before the next hearing, in order to make them available in advance to the Head of the Special Prosecution Office.

With regard to the public complaints, the trial panel decided not to open the judicial investigation, as it assessed that they fail to meet the conditions set forth in Article 53 of Law no. 84/2016.

It was decided that the parties shall submit their final conclusions in the next hearing, scheduled to take place on 04.04.2025, at 09:00.

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

The Appeal Chamber held on 19.03.2025, at 08:30, the public hearing of case (JR) 27/2024, dated 18.07.2024, pertaining to the appeal of the Public Commissioner against decision no. 754, dated 05.04.2024, of the Independent Qualification Commission, related to the assessee Mirela Mishgjoni.

During the submission of the final conclusions, the Head of the Special Prosecution Office, Mr. Altin Dumani stated that the assessee failed to prove the opposite of the appeal grounds related to the asset assessment criterion, being found in terms of incorrect and insufficient declaration, as well as in terms of conflict of interest. Mr. Dumani held that the income of the assessee and her spouse should not be taken into account in the financial analysis, as it fails to meet the legal criteria. Finally, he requested the Chamber the amendment of decision no. 754, dated 05.04.2024 of the Independent Qualification Commission, and the dismissal from office of the assessee Mirela Mishgjoni.

During the submission of her final conclusions, the assessee, Ms. Mirela Mishgjoni, stated that she reaches a reliable level in the asset assessment criterion and requested the Chamber to take into account in the financial analysis her income and the one of the spouse, as it is income from legitimate sources. The assessee maintained that taking the disciplinary measure of dismissing her from office would be contrary to the principles of objectivity and proportionality, and requested the upholding of decision no. 754, dated 05.04.2024 of the Independent Qualification Commission,.

After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision, which it shall announce on 03.04.2025, at 09:30.

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

The Appeal Chamber opened on 20.03.2025, at 10:00, the public hearing of case (JR) 41/2024, dated 21.10.2024, pertaining to the appeal of the Public Commissioner against decision no. 762, dated 15.05.2024, of the Independent Qualification Commission, related to the assessee Afrim Shehu.

During the verification of the presence of the parties, the presiding judge noticed the absence of the Head of the Special Prosecution Office, legitimized as a party in this proceedings under Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code, such provisions providing for the procedural transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office.

The presiding judge informed the court that through a letter received at the Chamber today, the Head of the Special Prosecution office had indicated that, for objective reasons, it was impossible for him to attend the hearing and requested its postponement.

After hearing the position of the legal representative of the assessee who expressed her support for the postponement of the hearing, the trial panel decided to postpone it to 02.04.2025, at 13:00.

The public hearing shall be held at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.

On Tuesday, 25.03.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 14/2022, dated 09.03.2022, pertaining to the appeal of the assessee Ermira Dedja against decision no. 496, dated 12.01.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding: Sokol Çomo

Rapporteur: Rezarta Schuetz

Members: Albana Shtylla, Ina Rama, Natasha Mulaj

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

On Thursday, 15.05.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 53/2022, dated 28.12.2022, pertaining to the appeal of the assessee Blerta Marku (Çibuku) against decision no. 565, dated 26.09.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Natasha Mulaj

Rapporteur: Sokol Çomo

Members: Albana Shtylla, Mimoza Tasi, Rezarta Schuetz

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

The trial panel of the Appeal Chamber, consisting of judges, Sokol Çomo, presiding, Rezarta Schuetz, rapporteur, Albana Shtylla, Ina Rama, Natasha Mulaj, members, announced the decision on case no. 14/2022, dated 09.03.2022, pertaining to the appeal of the assessee Ermira Dedja against decision no. 496, dated 12.01.2022 of the Independent Qualification Commission.

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

– The amendment of decision no. 496, dated 12.01.2022 of the Independent Qualification Commission and confirmation in office of the assessee Ermira Dedja.

– This decision is final and has effective immediately.

Announced in Tirana, today, on 25.03.2025.

On Wednesday, 26.03.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 44/2022, dated 04.10.2022, pertaining to the appeal of the assessee Arben Sharra against decision no. 546, dated 30.06.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Albana Shtylla

Rapporteur: Natasha Mulaj

Members: Mimoza Tasi, Rezarta Schuetz, Sokol Çomo

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

On Tuesday, 22.04.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 32/2022, dated 14.07.2022, pertaining to the appeal of the assessee Arian Ndoja against decision no. 528, dated 06.05.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Natasha Mulaj

Rapporteur: Sokol Çomo

Members: Albana Shtylla, Ina Rama, Mimoza Tasi

The hearing in chambers 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, consisting of judges Albana Shtylla presiding, Natasha Mulaj rapporteur, Mimoza Tasi, Rezarta Schuetz, Sokol Çomo members, announced the decision on case no. 44/2022, dated 04.10.2022, pertaining to the appeal of the assessee Arben Sharra against decision no. 546, dated 30.06.2022 of the Independent Qualification Commission.

At the conclusion of the trial in chambers, the trial panel, 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”, unanimously decided:

– Upholding decision no. 546, dated 30.06.2022 of the Independent Qualification Commission, related to the assessee Arben Sharra.

– This decision is final and effective immediately.

Announced in Tirana, today, on 26.03.2025.

On 28.03.2025, at 09:00, the Appeal Chamber opened the public hearing of case (JR) 24/2024, dated 01.07.2024, pertaining to the appeal of the Public Commissioner against decision no. 744, dated 19.03.2024, of the Independent Qualification Commission, related to the assessee Artan Hajredinaj.

The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code, has set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office, who has delegated to be represented in this proceedings by the prosecutor of the Special Prosecution Office, Mr. Klodian Braho.

During the verification of the presence of the parties, the presiding judge noted the absence of Mr. Braho, who, through a letter addressed to the Appeal Chamber, has requested a postponement of the hearing, as he was objectively unable to be attend it due to health reasons.

Once the legal representative of the assessee stated that she considers it reasonable to accept the request of the representative of the Special Prosecution Office, the trial panel decided to postpone the hearing to 07.04.2025, at 10:00.

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