Home Page

On Wednesday, April 3, 2019, at 10:30 h, the Appeal Chamber reviewed in camera case (JR) no. 26/2018, dated 25.10.2018, corresponding to the appeal of the assessee Mr. Elsion Sadiku against decision no. 50 dated 27.07.2018 of the Independent Qualification Commission.

The session was interrupted at 15:00 h due to some commitments of the International Observer, and it was adjourned on 04.04.2019, at 14:00 h.

The adjudication panel for the review of this case is composed of judges:

Chairperson:              Ardian Hajdari

Rapporteur:               Ina Rama

Members:                   Albana Shtylla, Luan Daci, Sokol Çomo

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

The Appeal Chamber has registered case (JR) no. 16/2019, dated 01.04.2019, corresponding to the appeal of the assessee Mr. Arben Zefi against decision no. 97, dated 10.01.2019 of the Independent Qualification Commission related to the re-evaluation of the assessee Mr. Arben Zefi.

The lot was drawn today on 03.04.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Luan Daci

Rapporteur:   Albana Shtylla

Members:       Ardian Hajdari, Ina Rama, Natasha Mulaj

The Appeal Chamber held on April 4, 2019, at 10:00 h, the public hearing of case (JR) no.20/2018, dated 17.10.2018, corresponding to the appeal of the assessee Ms. Rovena Gashi against decision no.48, dated 25.07.2018 of the Independent Qualification Commission. During the previous in camera session, following a finding submitted to the Appeal Chamber by the International Monitoring Operation, the adjudication panel decided to transfer the review of the case in a public hearing.

During today’s hearing the assessee requested to be assisted in these proceedings by Ms. Ema Gashi, in the capacity of assistant. With regard to this request, the adjudication panel held that:

Pursuant to Article F of the Annex to the Constitution, the Appeal Chamber is the only judicial body of the proceedings, and as such it is not a public body in terms of Law 44/2015 “Code of Administrative Procedures”. Therefore, Article 39 of this Law related to the procedural position of the assistant does not apply. With regard to the review of the appeals submitted to it, the Appeal Chamber applies Article 65 of Law 84/2016, in conjunction with Article 4, paragraph 6, of this very Law, and Article 1, paragraph 2, of Law 49/2012, “On Administrative courts and adjudication of administrative disputes”.

For these reasons, the adjudication panel reached the conclusion that all assessees, including Ms. Rovena Gashi, when the Appeal Chamber reviews their appeals, may be defended and represented before it by a legal representative, in compliance with the rules set forth in Article 96 of the Civil Procedure Code. As per above, the adjudication panel decided to reject the request of the assessee Rovena Gashi to provide Ms. Ema Gashi the procedural position of assistant and invited the assessee, if she considers necessary, to appoint a legal representative.

The adjudication panel, taking into consideration: given the objective absence due to illness of the International Observer Ms. Mia Roessingh-Bakels;

the limited timeframe of her replacement International Observer in today’s hearing, Mr. Theo Jacobs, to be properly acquainted with the case file;

as well as, the importance of the participation in the hearing of the International Observer (Ms. Roessingh-Bakels, who was the one who has provided the finding and evidences enclosed), decided to adjourn the hearing on 23.04.2019, at 10:00 h.

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

On Thursday, April 4, 2019, at 14:00 h, the Appeal Chamber reviewed in camera case (JR) no. 26/2018, dated 25.10.2018, corresponding to the appeal of the assessee Mr. Elsion Sadiku against decision no. 50 dated 27.07.2018 of the Independent Qualification Commission.

The session, initiated at 14:00 h, was interrupted at 19:30 h, to be continued tomorrow, on 05.04.2019, at 09:30 h.

The adjudication panel for the review of this case is composed of judges:

Chairperson:              Ardian Hajdari

Rapporteur:               Ina Rama

Members:                   Albana Shtylla, Luan Daci, Sokol Çomo

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

On Thursday, April 4, 2019, at 14:00 h, the Appeal Chamber reviewed in camera case (JR) no. 26/2018, dated 25.10.2018, corresponding to the appeal of the assessee Mr. Elsion Sadiku against decision no. 50 dated 27.07.2018 of the Independent Qualification Commission.

The session, initiated at 14:00 h, was interrupted at 19:30 h, to be continued tomorrow, on 05.04.2019, at 09:30 h.

The adjudication panel for the review of this case is composed of judges:

Chairperson:              Ardian Hajdari

Rapporteur:               Ina Rama

Members:                   Albana Shtylla, Luan Daci, Sokol Çomo

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

Today, on April 5, 2019, the adjudication panel of the Appeal Chamber, chaired by Mr. Ardian Hajdari, rapporteur Ina Rama, and members Albana Shtylla, Luan Daci and Sokol Çomo,  reviewed in camera case (JR) no. 26/2018, dated 25.10.2018, corresponding to the appeal of the assessee Mr. Elsion Sadiku against decision no. 50 dated 27.07.2018 of the Independent Qualification Commission.

At the end of the adjudication, pursuant to Article D, paragraphs 1, 3 and 5, of the Annex to the Constitution, Article 61, paragraphs 3 and 5, of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the adjudication panel of the Appeal Chamber, by a majority vote, decided:

-To uphold decision no. 50, dated 27.07.2018 of the Independent Qualification Commission, related to the assessee Elsion Sadiku

-This decision is final and effective immediately.

-Announced in Tirana, today on 05.04.2019

The Appeal Chamber has registered case (JR) no. 18/2019, dated 09.04.2019, corresponding to the appeal of the assessee Ms. Ana Golloshi against decision no. 106, dated 13.02.2019 of the Independent Qualification Commission related to the re-evaluation of the assessee Ms. Ana Golloshi.

The lot was drawn today on 11.04.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Sokol Çomo

Rapporteur:   Luan Daci

Members:       Albana Shtylla, Ina Rama, Natasha Mulaj

The Appeal Chamber held on April 12, 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 submitted new acts sent by her relatives in Italy and acts issued by the Albanian state authorities upon her request, to the purpose of justifying the legitimate source of income of persons related to her.

The assessee objected the financial analysis of the Legal Service Unit of the Appeal Chamber, stating that this analysis goes beyond the claims of the appeal grounds of the Public Commissioner.

The Public Commissioner stated that he stood by the appeal grounds and submitted a new denunciation, in Italian, concerning persons related to the assessee, the consideration of which he left to the assessment of the panel. A similar material was submitted electronically even to the International Monitoring Operation (IMO).

The adjudication panel decided:

– To allow the collection in the capacity of evidence of the documents submitted by the assessee.

– To appoint a translator from the official list of the Ministry of Justice for the translation of acts submitted to the Appeal Chamber enclosed with the denunciation and materials sent to IMO. The translated documents shall be set at the disposal of the assessee and Public Commissioner.

– In order to provide the necessary time to the assessee to make a statement with regard to the denunciation, the adjudication panel decided to adjourn the public hearing on 26.04.2019, at 10:00 h.

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

The Appeal Chamber held on April 17, 2019, the next public hearing of case (JR) no.9/2018, dated 19.07.2018, corresponding to the appeal of the Public Commissioner against decision no.22, dated 07.06.2018, of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Mr. Edmond Islamaj.

During today’s hearing the adjudication panel decided to close the judicial review of the case, by administering all the acts of the case file submitted by the Independent Qualification Commission and all other evidences collected by the Appeal Chamber during the adjudication proceedings of this case.

In order to provide the necessary time to the assessee and Public Commissioner to submit their final conclusions, the adjudication panel decided to adjourn the hearing on 02.05.2019, at 10.00 h.

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

The Appeal Chamber has registered case (JR) no. 19/2019, dated 12.04.2019, corresponding to the appeal of the assessee Mr. Genci Sinjari against decision no. 66, dated 28.09.2018 of the Independent Qualification Commission related to the re-evaluation of the assessee Mr. Genci Sinjari.

The lot was drawn today on 17.04.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Ina Rama

Rapporteur:   Sokol Çomo

Members:       Albana Shtylla, Luan Daci, Rezarta Schuetz

The adjudication panel of the Appeal Chamber, composed of judges, Chairperson Natasha Mulaj, case Rapporteur Rezarta Schuetz and members Ina Rama, Luan Daci and Sokol Çomo, considers that the assessee Astrit Faqolli made insufficient declaration, in terms of Article 61, paragraph 3, of Law no. 84/2016, and lacks legitimate financial sources for the creation of assets, under Article D, paragraphs 1, 3 and 5, of the Annex to the Constitution.

At the end of the adjudication, on the basis of the above mentioned conclusions, pursuant to Article D, paragraphs 1, 3 and 5, of the Annex to the Constitution, and Article 61, paragraph 3, of Law no. 84/2016, the adjudication panel assesses that decision no. 47 dated 25.07.2018 of the Independent Qualification Commission be modified.

Therefore, based on the facts and evidences proven in trial, pursuant to Article D, paragraphs 1 and 3, of the Annex to the Constitution, Article 61, paragraph 3, and Article 66, paragraph 1, item ‘b’, of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the adjudication panel unanimously decided:

-To modify decision no. 47, dated 25.07.2018 of the Independent Qualification Commission, deciding the dismissal from office of the assessee Mr. Astrit Faqolli, judge at Tirana Judicial District Court.

-This decision is final and effective immediately.

Announced in Tirana, today on 18.04.2019

Today on 18.04.2019, the adjudication panel of the Appeal Chamber, chaired by Ms. Rezarta Schuetz, case rapporteur Mr. Ardian Hajdari and members Ms. Ina Rama, Mr. Luan Daci and Ms.Natasha Mulaj, reviewed in camera case no. (JR) 22/2018, dated 19.10.2018, corresponding to the appeal of the assessee Mr. Admir Thanza against decision no. 40, dated 17.07.2018 of the Independent Qualification Commission.

At the end of the adjudication, pursuant to Article 66, paragraph 1, item ‘a’ of Law no.84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the adjudication panel of the Appeal Chamber unanimously decided:

1.To uphold decision no. 40, dated 17.07.2018, of the Independent Qualification Commission related to the assessee Admir Thanza.

2.This decision is final and effective immediately.

Announced in Tirana, today on 18.04.2019

On April 23, 2019, at 10:00 h, the Appeal Chamber held the public hearing of case (JR) no.20/2018, dated 17.10.2018, corresponding to the appeal of the assessee Ms. Rovena Gashi against decision no.48, dated 25.07.2018 of the Independent Qualification Commission.

During today’s hearing the assessee requested to be represented in the hearings by her sister, Ms.Ema Gashi, in the capacity of the legal representative, pursuant to Article 96, first paragraph, item ‘b’, of the Civil Procedure Code, which provides that the sister of a party at trial may be a representative of that party.

The adjudication panel, upon an interim decision, decided to dismiss this request of the assessee, since it found out, as Ms. Ema Gashi stated herself at the hearing dated April 4, 2019, that she is a judge at Durres Judicial District Court. Consequently, Article 96, second paragraph, item ‘ç’, expressly prohibits that a judge may be a representative of a party in a trial.

Following this interim decision, the assessee requested to be represented in this trial by a legal representative and requested a period of two weeks in order to choose a legal representative that meets the provisions of Article 96 of the Civil Procedures Code.

The adjudication panel decided upon an interim decision to accept this request of the assessee and to adjourn the hearing on 06.05.2019, at 10:00 h.

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

The Appeal Chamber registered case (JR) no. 20/2019, dated 18.04.2019, corresponding to the appeal of the assessee Mr. Artan Bajrami against decision no. 107, dated 14.02.2019 of the Independent Qualification Commission related to the re-evaluation of the assessee Artan Bajrami.

The lot was drawn today on 25.04.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Chairperson:  Rezarta Schuetz

Rapporteur:   Ardian Hajdari

Members:       Ina Rama, Luan Daci, Sokol Çomo

The Appeal Chamber held on April 26, 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 requested the adjudication panel to not consider the submitted denunciations concerning persons related to the assessee, filed with the adjudication panel during the previous hearing, considering them fictitious, having misinterpretations in terms of figures, and lacking the requirements of a legal due act.

The assessee, Ms. Brati, requested also that the panel allows the collection in the capacity of evidence of two new documents filed by her during today’s hearing.

The Public Commissioner stated that he shall carry out a new analysis on the basis of the new documents filed by the assessee and he shall make a statement with this regard in the final conclusions.

The adjudication panel decided not to open the judicial investigation with regard to the denunciations, as well as to allow the collection in the capacity of evidence of the documents submitted by the assessee.

To allow the Appeal Chamber to carry out the financial analysis following the new evidences filed by the assessee, the adjudication panel decided to adjourn the public hearing on May 22, 2019, at 10:00 h.

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