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Today, on 03.12.2024, at 10:00, the Appeal Chamber opened the public hearing of case (JR) 10/2022, dated 15.02.2022, pertaining to the appeal of the Public Commissioner against the decision no. 479, dated 03.12.2021 of the Independent Qualification Commission, related to the assessee Arben Dosti.

The presiding judge, during the verification of the presence of the parties, noted the absence of the assessee and announced that yesterday Mr. Dosti had sent to the Chamber a request to postpone the hearing for health reasons, attaching to the request the medical report.

Questioned by the presiding judge, the Public Commissioner assessed objectively the circumstances of the absence of the assessee at today’s hearing.

After being consulted, the trial panel decided to accept the request of the assessee and postpone the hearing to 06.12.2024, 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, 05.12.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 57/2021, dated 11.10.2021, pertaining to the appeal of the assessee Mirela Iliopullo against decision no. 420, dated 13.07.2021 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 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 Natasha Mulaj presiding, Sokol Çomo rapporteur, Albana Shtylla, Ina Rama, Mimoza Tasi members, announced the decision on case no. 57/2021, dated 11.10.2021, pertaining to the appeal of the assessee Mirela Iliopullo against decision no. 420, dated 13.07.2021 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”, by un unanimous vote, decided:

– Upholding decision no. 420, dated 13.07.2021 of the Independent Qualification Commission, related to the assessee Mirela Iliopullo.

– This decision is final and effective immediately.

Announced today, in Tirana, on 05.12.2024.

Today, on 02.12.2024, at 10:00, the Appeal Chamber held the public hearing of case (JR) 35/2022, dated 25.07.2022, pertaining to the appeal of the Public Commissioner against decision no. 537, dated 20.06.2022 of the Independent Qualification Commission, related to the assessee Florian Bonjaku.

Following the confirmation by the parties of the receipt of the submissions and denunciations made available by the Chamber, the Public Commissioner submitted the appeal grounds for the three vetting criteria, assessing that the incorrect declaration regarding the asset assessment, the shortcomings found during the background and proficiency assessment criteria, should be taken into consideration in the overall evaluation of all three criteria for the assessee, in the context of the undermining of public trust in the justice system, under Article 61, para 5 of Law No. 84/2016.

The Public Commissioner requested the Chamber the amendment of decision no. 537, dated 02.06.2022, of the Independent Qualification Commission and the dismissal from office of the assessee Florian Bonjaku.

The assessee, through his legal representative, disputed the appeal grounds related to the asset, background and proficiency assessment, and provided explanations on the issues referred to in the appeal grounds, claiming their opposite. In conclusion of his objections, the assessee requested his confirmation in office.

After being consulted, the trial panel decided not to open the investigation regarding the denunciations, as it assessed that they lack the elements required by Article 53 of Law no. 84/2016.

Subsequently, the assessee responded several questions from the case rapporteur and the international observer, in terms of the consideration of the case.

Given that the assessee requested time to prepare the final conclusions, the trial panel decided to postpone the hearing to 06.12.2024, at 10:00.

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

Today, on 06.12.2024, at 09:00, the Appeal Chamber held the public hearing of case (JR) 10/2022, dated 15.02.2022, pertaining to the appeal of the Public Commissioner against decision no. 479, dated 03.12.2021 of the Independent Qualification Commission, related to the assessee Arben Dosti.

During the verification of the presence of the parties, the presiding judge noticed the absence of the assessee Arben Dosti. The attorney Romina Zano, present at the hearing, lodged with the panel a special power of attorney, through which the assessee, Mr. Dosti, provided her with representation rights in the trial at the Chamber, since due to objective impossibility, he could not attend it. The counsel, Ms. Romina Zano, stated that the power of attorney she had was her was a copy and not in the form required by law.

When questioned by the presiding judge about his position, the Public Commissioner held that in order to legitimize the defense counsel in this proceeding, the extremities of the special power of attorney could be verified given that the notarial registers are public registers.

The trial panel, after being consulted, decided to postpone the public hearing to 13.12.2024 at 09:00, to provide the assessee the opportunity to appear in person at the hearing or through a legal representative provided with a power of attorney in the form required by law.

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

The Appeal Chamber has registered case no. 21-4/2019 (JR), dated 25.11.2024, pertaining to the petition of the petitioner Artor Ylli with subject “Revision of decision No. 31 (JR), dated 20.11.2019, of the Appeal Chamber, related to the assessee Artor Ylli.”

On 06.12.2024, the Appeal Chamber held the lot procedure to determine the trial panel, the presiding judge of this panel and the case rapporteur.

The trial panel determined by lot shall consist of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Sokol Çomo

Members: Ina Rama, Mimoza Tasi, Natasha Mulaj

*******

On 06.12.2024, the Appeal Chamber held the lot procedure to replace Judge Ardian Hajdari, appointed as a panel member in case (JR) no. 68/2021, dated 10.11.2021, pertaining to the appeal of the assessee Dritan Marku against decision no. 411, dated 05.07.2021, of the Independent Qualification Commission.

The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

Following the lot to appoint the member judge, the trial panel of case (JR) no. 68/2021, dated 10.11.2021, shall consist of the following judges:

Presiding: Natasha Mulaj

Rapporteur: Sokol Çomo

Members: Rezarta Schuetz, Ina Rama, Mimoza Tasi

Today, on 10.12.2024, at 09:00, the Appeal Chamber opened the public hearing of case (JR) 23/2024, dated 25.06.2024, pertaining to the appeal of the Public Commissioner against decision no. 767, dated 29.05.2024 of the Independent Qualification Commission, related to the assessee Sofia Zhilla.

During the verification of the presence of the parties, the presiding judge noted the absence of the assessee Sofia Zhilla and announced that until the beginning of today’s hearing the Chamber had received no notification regarding this absence or its reasons. The presiding judge also informed that the assessee has exercised the rights to submit submissions, additional submissions, on December 3 and 4, 2024 respectively, and has submitted several documents, which she requested the trial panel to collect them as evidence.

Given the fact that she has failed to notify any reasonable reason for her absence, the Public Commissioner stated that the trial should continue in the absence of the assessee, Ms. Sofia Zhilla.

The trial panel decided to continue the hearing in her absence and invited the Public Commissioner to present her submissions. The Public Commissioner stated that taking into account the fact that the assessee has reached the retirement age and that the object of the trial has become impossible, she requested the upholding of decision no. 767, dated 29.05.2024 of the Independent Qualification Commission. The Independent Qualification Commission had declared the vetting process of the assessee Sofia Zhilla completed without a final decision, as she has lost the status of the assessee.

The trial panel decided to open the judicial investigation of the case and accepted as evidence the acts filed by the assessee, excluding two of them that may be accessed from open sources of information.

Once the trial panel decided to close the judicial investigation of the case, the Public Commissioner requested that the submissions of today’s hearing be considered as final conclusions and requested finally the upholding of decision no. 767, dated 29.05.2024 of the Independent Qualification Commission.

The trial panel withdrew in chambers to make the final decision, to be announced on 12.12.2024, at 14:30.

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

On Tuesday, 10.12.2024, at 10:30, the Appeal Chamber shall consider in chambers case (JR) no. 26/2022, dated 16.06.2022, pertaining to the appeal of the assessee Eriselda Bala against decision no. 523, dated 07.04.2022 of the Independent Qualification Commission.

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

Presiding: Sokol Çomo

Rapporteur: Ina Rama

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.

On Wednesday, 15.01.2025, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 63/2021, dated 02.11.2021, pertaining to the appeal of the assessee Ervin Karanxha against decision no. 413, dated 07.07.2021 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 10.12.2024, the Appeal Chamber held the hearing in chambers of case no. (JR) 26/2022, dated 16.06.2021, pertaining to the appeal of the assessee Eriselda Bala against decision no. 523, dated 07.04.2022 of the Independent Qualification Commission.

Following the consideration of the case in chambers, the trial panel, pursuant to Article 51, paragraph 1, of Law 49/2012 “On administrative courts and the adjudication of administrative disputes”, as amended, decided the consideration of the case in a public hearing, in order to accurately and completely ascertain the factual situation related to the payment method of the price of the apartment owned by the assessee, located in Tirana city.

The public hearing shall be held on 13.01.2025, at 10:00.

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

Presiding: Sokol Çomo

Rapporteur: Ina Rama

Members: Albana Shtylla, Mimoza Tasi, Rezarta Schuetz

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

On Thursday, 12.12.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 74/2021, dated 26.11.2021, pertaining to the appeal of the assessee Ken Dhima against decision no. 428, dated 29.07.2021 of the Independent Qualification Commission.

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

Presiding: Ina Rama

Rapporteur: Albana Shtylla

Members: Natasha Mulaj, Rezarta Schuetz, 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 Rezarta Schuetz presiding, Mimoza Tasi rapporteur, Albana Shtylla, Natasha Mulaj, Sokol Çomo members, announced the decision on case no. 23/2024, dated 25.06.2024, pertaining to the appeal of the Public Commissioner against decision no. 767, dated 29.05.2024 of the Independent Qualification Commission, related to the assessee Sofia Zhilla.

At the conclusion of the trial, the trial panel, pursuant to Article 4, paragraph 6 of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as Article 95 of the Administrative Procedures Code, by a majority vote, decided:

– The termination of the transitional re-evaluation process for the assessee Sofia Zhilla without a final decision on the case, as the object and purpose of this process have become impossible.

Announced today, in Tirana, on 12.12.2024.

On 12.12.2024, the Appeal Chamber held the hearing in chambers of case (JR) no. 74/2021, dated 26.11.2021, pertaining to the appeal of the assessee Ken Dhima against decision no. 428, dated 29.07.2021 of the Independent Qualification Commission.

Following the consideration of the case in chambers, the trial panel, pursuant to Article F, paragraph 3 of the Annex to the Constitution and Article 51, paragraph 1, letter “b” of Law no. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided the consideration of the case in a public hearing, in order to provide the assessee the opportunity to exercise the right to be heard.

The assessee is invited to ensure his presence, or representation through a legal representative, at the next public hearing to take place on 16.01.2025, at 10:00.

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

Presiding: Ina Rama

Rapporteur: Albana Shtylla

Members: Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz

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

Today, on 13.12.2024, at 09:00, the Appeal Chamber held the public hearing of case (JR) 10/2022, dated 15.02.2022, pertaining to the appeal of the Public Commissioner against decision no. 479, dated 03.12.2021 of the Independent Qualification Commission, related to the assessee Arben Dosti.

The assessee Arben Dosti, attending today’s hearing in persona, stated that he agreed to be represented in this trial, in his presence and absence by the legal representative Romina Zano, who filed the special power of attorney for representation in the form required by law, meeting the tasks left by the trial panel during the previous hearing dated 06.12.2024.

The assessee filed two preliminary requests, through which he requested: first, the suspension of the proceedings at the Chamber, in order to verify the fingerprints within the framework of the appeal grounds related to the background assessment, as well as on grounds that, another judicial trial of Mr. Arben Dosti with a Greek bank is being held in the first instance court of Athens, the decision on which is related to the vetting process criteria; secondly, he requested the declassification of the CISD report related to the background assessment, since under the current circumstances, the lack of even minimal information in this context places him in a disadvantageous position vis-à-vis the Public Commissioner’s appeal, in reference to the principle of equality of arms and proportionality.

When questioned by the presiding judge regarding his position on these preliminary requests, the Public Commissioner stated that he would leave it to the court’s discretion.

After being consulted, the trial panel assessed that the requests of the assessee, substantially, are not preliminary and requested the assessee to submit them as formal requests for further investigation and collection of evidence; consequently, it considered them unfounded in law. The presiding judge also stated that the Independent Qualification Commission had provided the assessee the opportunity to defend himself and submit evidence regarding the data resulting from this report and background assessment criteria. Nevertheless, the presiding judge informed the assessee that this request should not be submitted with the AC, but with the competent authorities according to the legislation in force.

The presiding judge reported that during the administrative proceedings at the Independent Qualification Commission, the latter and subsequently, the Appeal Chamber, on 16.10.2024, requested the Ministry of Justice to obtain information from the respective Greek institutions on the judicial status of the assessee. The AC’s request and the Ministry of Justice’s response to it were made available to the parties during the hearing, on which they were invited to take a position during the presentation of their submissions.

While presenting the grounds of appeal for the three vetting criteria, the Public Commissioner stated that the IQC decision that confirmed in office the assessee is actionable in its entirety and requested the AC the amendment of decision no. 479, dated 03.12.2021 of the Independent Qualification Commission, and the dismissal from office of the assessee Arben Dosti. The Public Commissioner found that the Ministry of Justice had forwarded no document or information whether the assessee had a criminal conviction in Greece, but stated that he leaves it to the court’s discretion whether to continue requesting the lacking information, since, according to him, the appeal grounds are sufficient for the dismissal from office of the assessee.

The legal representative of the assessee requested the AC to address another request to the Ministry of Justice, as an exhaustive institutional response would be necessary for the assessee, in order to maintain a clear position regarding the appeal grounds.

The trial panel decided that it would assess this request after the submissions stage.

The assessee presented in detail his objections regarding the three vetting criteria and reiterated the request for a reasonable time, in order to file the document requested by the Greek state, since he possessed it, but it lacked an apostille stamp. The assessee requested the panel to open the judicial investigation, in the context of the admission as evidence of several new acts in support of his claims.

When questioned about the acts, the Public Commissioner stated that from a formal point of view there was no objection, but as for their evidentiary value, he would make a statement with their regard during the final conclusions.

The presiding judge announced that the AC received today a new denunciation, which she made available to the parties.

Due to the excessively long session, the trial panel decided to postpone it to 19.12.2024, at 12:30, leaving the parties the task to take a position during this hearing regarding the denunciations and the assessee, to formally submit the requests filed at the initiation of the hearing.

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

On Tuesday, 17.12.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 66/2021, dated 09.11.2021, pertaining to the appeal of the assessee Desart Avdulaj against decision no. 391, dated 26.05.2021 of the Independent Qualification Commission.

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

Presiding: Ina Rama

Rapporteur: Sokol Çomo

Members: Albana Shtylla, Natasha Mulaj, 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 Ina Rama presiding, Sokol Çomo rapporteur, Albana Shtylla, Natasha Mulaj, Rezarta Schuetz members, announced the decision on case no. 66/2021, dated 09.11.2021, pertaining to the appeal of the assessee Desart Avdulaj against decision no. 391, dated 26.05.2021 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”, by a unanimous vote, decided:

– Upholding decision no. 391, dated 26.05.2021 of the Independent Qualification Commission, pertaining to the assessee Desart Avdulaj.

– This decision is final and effective immediately.

Announced in Tirana, today, on 17.12.2024.

On 13.12.2024, the Appeal Chamber registered case (JD) no. 2/2024, with petitioner Tom Dedaj and subject “1. Retrial of the case tried by the Appeal Chamber with decision no. 01 dated 20.07.2020, decision no. 1 dated 06.05.2021 and decision no. 1, dated 04.10.2021 pertaining to me, the applicant, Tom Dedaj […]”.

On 17.12.2024, the Appeal Chamber held the lot procedure to appoint the rapporteur and members of the Preliminary Review Panel:

According to the lot, the Preliminary Review Panel shall consist of the following judges:

Judge: Natasha Mulaj

Judge: Albana Shtylla

Case Rapporteur: Ina Rama

****

The Appeal Chamber has registered case no. 23-23/2019 (JR), dated 12.12.2024, pertaining to the petition of the petitioner Dritan Peka with subject “Revision of decision no. 27, dated 22.10.2020, of the Appeal Chamber, related to the assessee Dritan Peka.”

On 17.12.2024, the Appeal Chamber held the lot procedure for the appointment of the trial panel, the presiding judge of this panel and the case rapporteur.

he trial panel appointed by lot shall consist of the following judges:

Presiding: Mimoza Tasi

Rapporteur: Sokol Çomo

Members: Natasha Mulaj, Ina Rama, Albana Shtylla

*****

The Appeal Chamber has registered case no. 22-43/2019 (JR), dated 10.12.2024, pertaining to the petition of the petitioner Shkëlzen Cena with subject “Revision of decision no. 36 (JR), dated 16.12.2020, of the Appeal Chamber […].”

On 17.12.2024, the Appeal Chamber held the lot procedure for the appointment of the trial panel, the presiding judge of this panel and the case rapporteur.

he trial panel appointed by lot shall consist of the following judges:

Presiding: Natasha Mulaj

Rapporteur: Sokol Çomo

Members: Ina Rama, Rezarta Schuetz, Albana Shtylla

*****

The Appeal Chamber has registered case (JR) no. 50/2024, dated 11.12.2024, pertaining to the appeal of the assessee Aulona Bodo against decision no. 801, dated 19.09.2024, of the Independent Qualification Commission.

On 17.12.2024, the Appeal Chamber held the lot procedure for the appointment of the trial panel, the presiding judge of this panel and the case rapporteur.

The trial panel appointed by lot shall consist of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Natasha Mulaj

Members: Sokol Çomo, Ina Rama, Albana Shtylla

*****

The Appeal Chamber has registered case (JR) no. 49/2024, dated 10.12.2024, pertaining to the appeal of the assessee Dashnor Nure against decision no. 793, dated 04.09.2024, of the Independent Qualification Commission.

On 17.12.2024, the Appeal Chamber held the lot procedure for the appointment of the trial panel, the presiding judge of this panel and the case rapporteur.

The trial panel appointed by lot shall consist of the following judges:

Presiding: Natasha Mulaj

Rapporteur: Ina Rama

Members: Sokol Çomo, Rezarta Schuetz, Mimoza Tasi

******

The Appeal Chamber has registered case (JR) no. 51/2024, dated 11.12.2024, pertaining to the appeal of the assessee Ornela Rrumbullaku against decision no. 792, dated 04.09.2024, of the Independent Qualification Commission.

On 17.12.2024, the Appeal Chamber held the lot procedure for the appointment of the trial panel, the presiding judge of this panel and the case rapporteur.

The trial panel appointed by lot shall consist of the following judges:

Presiding: Albana Shtylla

Rapporteur: Natasha Mulaj

Members: Sokol Çomo, Ina Rama, Rezarta Schuetz