The Appeal Chamber is an independent constitutional institution established to carry out the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania in reviewing appeals against the decisions of the Independent Qualification Commission. The Appeal Chamber adjudicates disciplinary misconducts of Constitutional Court judges, members of High Judicial Council, High Prosecutorial Council, the Prosecutor General and the High Justice Inspector. It reviews appeals against decisions of the High Judicial Council, the High Prosecutorial Council and the High Justice Inspectorate imposing disciplinary sanctions against judges, prosecutors and other inspectors.
The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the 2022 judicial year of the European Court of Human Rights (ECtHR), held in Strasbourg, France. Albania was represented also in this with the President of the Constitutional Court, Mrs. Vitore Tusha and the Vice President of the Supreme Court, Mr. Sokol Sadushi - June 24, 2022
The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the 2022 judicial year of the European Court of Human Rights (ECtHR), held in Strasbourg, France, attended by representatives of the highest courts of the 46 member states of the Council of Europe, as well as various local, national and international authorities - June 24, 2022The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the 2022 judicial year of the European Court of Human Rights (ECtHR), held in Strasbourg, France, attended by representatives of the highest courts of the 46 member states of the Council of Europe, as well as various local, national and international authorities - June 24, 2022
The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the 2022 judicial year of the European Court of Human Rights (ECtHR), held in Strasbourg, France, attended by representatives of the highest courts of the 46 member states of the Council of Europe, as well as various local, national and international authorities - June 24, 2022
The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the judicial year 2022 of the European Court of Human Rights (ECtHR), held in Strasbourg, France, attended by representatives of the highest courts of the 46 member states of the Council of Europe, as well as various local, national and international authorities - June 24, 2022
May 4, 2022
The President of the Appeal Chamber, Mrs. Albana Shtylla, and the AC judges welcomed today a Moldovan delegation led by the Minister of Justice, Mr. Sergiu Litvinenco, with the goal of exchanging the best practices and learning how the vetting process works, the legal framework, the mechanisms and institutions involved, implementation results, as well as the public perception of this process.
Moldova has launched an ambitious reform of the justice system aimed at fighting corruption and functioning of rule of law. One of the specially impacting reforms promised to the Moldovan public is the vetting process, the assessment of the integrity of judges and prosecutors, and ousting those judges and prosecutors who fail passing this process.
The Moldovan delegation headed by the Minister of Justice included also members of the High Judicial Council, the High Prosecution Council, as well as heads and legal advisors of the departments of these institutions, who were informed about the progress of the vetting process to date as an essential part of justice reform in Albania.
Members of the vetting institutions and representatives of the International Monitoring Operation, after a meeting with the Commissioner for Neighborhood and Enlargement in the European Commission, Mr. Oliver Varhelyi, who assessed the results of the vetting process as essential for a justice system of judges and prosecutors with integrity. The Commissioner stated in a twitter post, “Reconfirmed EU’s full & strong support. Integrity of judges & prosecutors is key to future of Albania in the EU” - April 28, 2022.
Members of the vetting institutions and representatives of the International Monitoring Operation, after a meeting with the Commissioner for Neighborhood and Enlargement in the European Commission, Mr. Oliver Varhelyi, who assessed the results of the vetting process as essential for a justice system of judges and prosecutors with integrity. The Commissioner stated in a twitter post, “Reconfirmed EU’s full & strong support. Integrity of judges & prosecutors is key to future of Albania in the EU” - April 28, 2022.
Members of the vetting institutions and representatives of the International Monitoring Operation, after a meeting with the Commissioner for Neighborhood and Enlargement in the European Commission, Mr. Oliver Varhelyi, who assessed the results of the vetting process as essential for a justice system of judges and prosecutors with integrity. The Commissioner stated in a twitter post, “Reconfirmed EU’s full & strong support. Integrity of judges & prosecutors is key to future of Albania in the EU” - April 28, 2022.
On Friday 23.07.2021, at 10:00, the Appeal Chamber reviewed in camera the case (JR) no.2/2021 dated 14.01.2021. The final decision was announced on 23.07.2021
Status: Concluded
The President of the Special Appeal Chamber, Mrs. Albana Shtylla during her speech held at the roundtable discussion “5 years of Justice Reform; Consolidation of the system through the new Inter-Sectorial Justice Strategy 2021 – 2025”- 23 July 2021
The President of the Special Appeal Chamber, Mrs. Albana Shtylla during the roundtable “5 years of Justice Reform”, organized by the Ministry of Justice, which was attended by the US Ambassador to Tirana, Her Excellency Mrs. Yuri Kim, EU Ambassador His Excellency Mr. Luigi Soreca and the heads of justice institutions - July 23, 2021
President of the Special Appeal Chamber, Mrs. Albana Shtylla during the activity on the presentation of the monitoring report of the HJC and the HCP, organized and hosted by the Albanian Helsinki Committee - 23 June 2021
President of the Special Appeal Chamber, Mrs. Albana Shtylla during the activity on the presentation of the monitoring report of the HJC and the HCP, organized and hosted by the Albanian Helsinki Committee - 23 June 2021
President of the Special Appeal Chamber, Mrs. Albana Shtylla and the Head of the OSCE Presence in Tirana, His Excellency Ambassador Vincenzo Del Monaco, during a meeting, where they discussed regarding the challenges of the re-evaluation process and the support possibilities by the OSCE for this purpose
President of the Appeal Chamber Mrs. Albana Shtylla and the German ambassador in Tirana His Excellency Mr. Peter Zingraf, during the meeting on the progress of the re-evaluation process and the importance of reviewing cases of disciplinary jurisdiction – 26 October 2020
President of the Appeal Chamber Mrs. Albana Shtylla with the Head of the High Judicial Council Mrs. Naureda Llagami, Head of the High Prosecution Council Mr. Genti Ibrahimi and the High Inspector of Justice Mr. Artur Metani, during a meeting on the actions taken regarding the proceedings and adjudication of cases within the disciplinary jurisdiction - October 2020
Representatives of the re-evaluation institutions in the joint meeting with the Commissioner for Enlargement of the European Union, Oliver Varhelyi and the Head of the International Monitoring Operation Genoveva Ruiz Calavera, where it was reiterated the strong support for the re-evaluation process - 7 October, 2020
President of the Appeal Chamber Mrs. Albana Shtylla, President of the Independent Qualification Commission Mrs. Pamela Qirko and the President of the High Judicial Council Mrs. Naureda Llagami, during the meeting coordinated for the acceleration of the re-evaluation process for the candidacies from the judicial system, for members of the High Court – 7 October, 2020
Representatives of the re-evaluation institutions in the joint meeting with the Commissioner for Enlargement of the European Union, Oliver Varhelyi and the Head of the International Monitoring Operation Genoveva Ruiz Calavera, where it was reiterated the strong support for the re-evaluation process - 7 October, 2020
Meeting with her Excellency, the US Ambassador to Albania Mrs. Yuri Kim, held in the Appeal Chamber premises, where it was discussed on the progress of the vetting process and where USA reassured their full support for the continuation of this process - 22 May 2020
Meeting with her Excellency, the US Ambassador to Albania Mrs. Yuri Kim, held in the Appeal Chamber premises, where it was discussed on the progress of the vetting process and where USA reassured their full support for the continuation of this process - 22 May 2020
Meeting at the Italian Embassy with representatives of the Italian High Council of Judiciary – November 2019
The President of the Appeal Chamber Ms. Natasha Mulaj meeting the EU Ambassador in Tirana, Mr. Luigi Soreca. The focus of the meeting was to providing priority to the vetting of the candidates for the new justice institutions - 28 June 2019
Strong support to re-evaluation bodies by EU member states representatives (COWEB/COELA) during an official visit to Tirana – 26 March 2019
The President of the Appeal Chamber Natasha Mulaj during an informative meeting with COWEB/COELA representatives, providing an overview of the vetting process so far – 26 March 2019
The President of the Appeal Chamber Ms. Natasha Mulaj during a meeting with the representatives of German Parliamentary Committee on Legal Affairs chaired by Mr. Stephan Brandner discussing on the current progress of the re-evaluation process - October 29, 2018
The President of the Appeal Chamber with the representatives of the other re-evaluation institutions and IMO representatives after a meeting with the Director for Western Balkans at the Directorate General for European Neighbourhood Policy & Enlargement Negotiations Genova Ruiz Calavera and European Commissioner for Justice, Consumers and Gender Equality Věra Jourová.
Mr. Florian Ballhysa, Public Commissioner, Ms. Natasha Mulaj, President of the Appeal Chamber, Ms. Susanne Schütz, Ambassador of the Federal Republic of Germany in Albania, Mr. Heiko Maas, German Minister of Foreign Affairs, and Ms. Genta Tafa Bungo, President of the Independent Qualification Commission, during the meeting held at the premises of the Appeal Chamber.
Public Commissioner Mr. Darjel Sina, Judge Rezarta Schuetz, Public Commissioner Florian Ballhysa, Judges Albana Shtylla, Ina Rama, Luan Daci and Ardian Hajdari, during the inauguration ceremony of the new premises of the Appeal Chamber and Public Commissioner.
The President of the Appeal Chamber Ms. Natasha Mulaj meeting US Ambassador Mr. Donald Lu
The President of the Appeal Chamber Ms. Natasha Mulaj holding the speech during the inauguration ceremony of the new premises of the Appeal Chamber and Public Commissioner.
The President of the Appeal Chamber, Mrs. Natasha Mulaj is holding a speech during the inauguration ceremony of the premises where the Independent Qualification Commission shall exercise its activity.
The President of the Appeal Chamber, Mrs. Natasha Mulaj is participating in the discussion of draft-budget of re-evaluation institutions for year 2018 at the meeting of the Parliamentary Commission of Laws
The President of the Appeal Chamber, Mrs Natasha Mulaj the Director of Albanian School of Magistrates, Mr, Sokol Sadushi and the President of the Independent Qualification Commission, Mrs. Genta Tafa Bundo are attending the ceremony on the 10-year anniversary of establishment of Commissioner’s Office on the Right to Information and Protection of Personal Data
On Wednesday 01.07.2020, at 09:00, the Appeal Chamber shall review in camera case (JR) no.16/2019, dated 01.04.2019 corresponding to the appeal of the assessee Arben Zefi, against decision no. 97, dated 10.01.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
Chairperson: Luan Daci
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Ina Rama, Natasha Mulaj
The hearing in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Luan Daci, case rapporteur Albana Shtylla, and members Ardian Hajdari, Ina Rama, Natasha Mulaj, announced the decision on case (JR) no. 16/2019, dated 01.04.2019, corresponding to the appeal of the assessee Arben Zefi, against decision no. 97, dated 10.01.2019 of the Independent Qualification Commission.
At the conclusion of the adjudication in camera, 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, unanimously, decided:
Upholding of decision no. 97, dated 10.01.2019 of the Independent Qualification Commission, related to assessee Arben Zefi.
The Appeal Chamber held on 02.07.2020, at 09:00, the public hearing on the case (JR) no. 44/2019, dated 18.09.2019, corresponding to the appeal of the Public Commissioner, against decision no. 162, dated 19.06.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Manjola Kajana.
The presiding judge of the hearing informed that as of today, the Appeal Chamber had not received any additional information that the adjudication panel decided in the previous hearing to request from the Municipality of Fier for the purpose of the judicial investigation of the case.
Therefore, the adjudication panel, upon consultation on the spot, decided to request again from the Municipality of Fier the application of the spouse of the assessee and the supporting documents that have served as a basis for the decision no. 46, dated 30.10.2012 of the Municipal Council of Fier, which has approved the list of families with no place of abode, part of which has been the spouse of the assessee, Manjola Kajana.
Pending this response, the adjudication panel decided to adjourn the hearing on 07.07.2020, 9.00.
The public hearing shall take place at the premises of the Appeal Chamber, at Bulevardi: “Dëshmorët e Kombit”, nr.3 Tirana.
On Friday 03.07.2020, at 09:00 h, the Appeal Chamber shall review in camera the case (JR) no. 20/2019, dated 18.04.2019 corresponding to the appeal of the assessee Artan Bajrami, against decision no. 107, dated 14.02.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
Chairperson: Rezarta Schuetz
Rapporteur: Ardian Hajdari
Members: Ina Rama, Luan Daci, Sokol Çomo
The hearing in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Rezarta Schuetz, case rapporteur Ardian Hajdari, and members Ina Rama, Luan Daci, Sokol Çomo, announced the decision on case (JR) no. 20/2019, dated 18.04.2019, corresponding to the appeal of the assessee Artan Bajrami, against decision no. 107, dated 14.02.2019 of the Independent Qualification Commission.
At the conclusion of the adjudication in camera, 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, upon majority votes, decided:
Upholding of decision no. 107, dated 14.02.2019 of the Independent Qualification Commission, related to assessee Artan Bajrami.
On Monday, 06.07.2020, at 09:30 h, the Appeal Chamber shall review in camera case (JR) no.26/2019, dated 20.05.2019, corresponding to the appeal of the assessee Pashk Gjaci against decision no. 116, dated 21.03.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
The Appeal Chamber has registered the case (JR) no. 22/2020, dated 26.06.2020 corresponding to the appeal of the Public Commissioner against decision no. 229, dated 28.01.2020 of the Independent Qualification Commission related to the assessee Dritan Banushi.
The lot was drawn today on 06.07.2020, 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:
The Appeal Chamber has registered the case (JR) no.23/2020, dated 26.06.2020 corresponding to the appeal of the assessee Elona Kana against decision no. 233, dated 03.02.2020 of the Independent Qualification Commission.
The lot was drawn today on 06.07.2020, 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:
The Appeal Chamber has registered the case (JR) no.24/2020, dated 26.06.2020 corresponding to the appeal of the assessee Nevrie Duka (Halo) against decision no. 253, dated 12.03.2020 of the Independent Qualification Commission.
The lot was drawn today on 06.07.2020, 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:
The Appeal Chamber has registered the case (JR) no.25/2020, dated 26.06.2020 corresponding to the appeal of the assessee Simon Pashuku against decision no. 213, dated 22.11.2019 of the Independent Qualification Commission.
The lot was drawn today on 06.07.2020, 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:
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Ina Rama, case rapporteur Albana Shtylla, and members Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz, announced the decision on case (JR) no. 26/2019, dated 20.05.2019, corresponding to the appeal of the assessee Pashk Gjaci, against decision no. 116, dated 21.03.2019 of the Independent Qualification Commission.
At the conclusion of the adjudication in camera, 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, unanimously, decided:
Upholding of decision no. 116, dated 21.03.2019 of the Independent Qualification Commission, related to assessee Pashk Gjaci.
The Appeal Chamber held on 07.07.2020, at 09:00, the public hearing on the case (JR) no. 44/2019, dated 18.09.2019, corresponding to the appeal of the Public Commissioner, against decision no. 162, dated 19.06.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Manjola Kajana.
The presiding judge of the hearing informed that the other day, on July 6, the Appeal Chamber had received the response of the municipality of Fier providing the additional information requested by the adjudication panel for the purpose of the judicial investigation of the case. After the parties confirmed that they were acquainted with this response, the adjudication panel decided to administer this response as evidence and include it in the judicial file.
The adjudication panel, upon consultation on the spot, decided to conclude the judicial investigation of the case and called on the parties to express their final conclusions.
During the submission of the final conclusions, the Public Commissioner stated that the administered acts meet the needs of the investigation and based on them, it is proved that the assessee, Mrs. Kajana, was not in conflict of interest during the exercise of her function as magistrate and also, the denunciations addressed to her were not legally founded. For these reasons, the Public Commissioner requested the upholding of decision no. 162, dated 19.06.2019 and the confirmation in duty of the assessee.
The assessee, Mrs. Manjola Kajana stated that during this judicial investigation, no indicia was identified, not even a minimal one, regarding her involvement in activities incompatible with the office of the magistrate, and as a result she requested the upholding of decision no. 162, dated 19.06.2019 and her confirmation in duty.
After hearing the final conclusions of the parties, the adjudication panel withdrew to make the final decision on the case, which shall be announced on 10.07.2020, at 09.00
The public hearing shall take place at the premises of the Appeal Chamber, at Bulevardi: “Dëshmorët e Kombit”, nr.3 Tirana.
On Wednesday 08.07.2020, at 09:00 h, the Appeal Chamber shall review in camera the case (JR) no. 18/2019, dated 09.04.2019 corresponding to the appeal of the assessee Ana Golloshi, against decision no. 106, dated 13.02.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
Chairperson: Sokol Çomo
Rapporteur: Luan Daci
Members: Albana Shtylla, Ina Rama, Natasha Mulaj
The hearing in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana
The Appeal Chamber announces that the review in camera of the case (JR) no.19 / 2019, dated 12.04.2019 corresponding to the appeal of the assessee Genci Sinjari against decision no.66, dated 28.09.2018 of the Independent Qualification Commission, scheduled to be held on 16.07.2020, at 15:00 h, for objective reasons shall be held on the same date, 16.07.2020, but at 10:00 h.
The adjudication panel of this case consists of judges:
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Sokol Çomo, case rapporteur Luan Daci, and members Albana Shtylla, Ina Rama, Natasha Mulaj, announced the decision on case (JR) no. 18/2019, dated 09.04.2019, corresponding to the appeal of the assessee Ana Golloshi, against decision no. 106, dated 13.02.2019 of the Independent Qualification Commission.
At the conclusion of the adjudication in camera, 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, unanimously, decided:
Upholding of decision no. 106, dated 13.02.2019 of the Independent Qualification Commission, related to assessee Ana Golloshi.
On Thursday, 09.07.2020, at 09:00 h, the Appeal Chamber shall review in camera case (JR) no.24/2019, dated 16.05.2019, corresponding to the appeal of the assessee Petrit Çeno against decision no. 111, dated 27.02.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
Chairperson: Rezarta Schuetz
Rapporteur: Natasha Mulaj
Members:Albana Shtylla, Ardian Hajdari, Ina Rama
The hearing 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 the case (JR) no. 26/2020, dated 01.07.2020 corresponding to the appeal of the assessee Edmond Hyka against decision no. 223, dated 20.12.2019 of the Independent Qualification Commission.
The lot was drawn today on 09.07.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.
The adjudication panel, assigned by lot, consists of judges:
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Rezarta Schuetz, case rapporteur Natasha Mulaj, and members Albana Shtylla, Ardian Hajdari, Ina Rama, announced the decision on case (JR) no. 24/2019, dated 16.05.2019, corresponding to the appeal of the assessee Petrit Çeno, against decision no. 111, dated 27.02.2019 of the Independent Qualification Commission.
At the conclusion of the adjudication in camera, 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, unanimously, decided:
Upholding of decision no. 111, dated 27.02.2019of the Independent Qualification Commission, related to assessee Petrit Çeno.
The Appeal Chamber held on 10.07.2020, at 10:00, the public hearing on the case (JR) no. 51/2019, dated 17.10.2019, corresponding to the appeal of the Public Commissioner against the decision no. 169, dated 26.06.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Regleta Panajoti.
After ascertaining the absence of the assessee in today’s hearing, the presiding judge announced that on 08.07.2020, the High Judicial Council had forwarded to the Appeal Chamber, its decision no. 239, dated 07.07.2020 “On the termination of the status of magistrate for the judge of Tirana Judicial District Court, Mrs. Regleta Panajoti”.
Meanwhile, the assessee Mrs. Panajoti, via an email has requested the Appeal Chamber to terminate the transitional re-evaluation process due to the termination of the status of magistrate pursuant to the decision of the HJC no. 239 dated 07.07.2020.
The Public Commissioner found that the decision of the HJC, no. 239, dated 7.07.2020 is effective, but still can be appealed according to the provisions of Law no. 115/2016 “On the governing bodies of the justice system”. The Public Commissioner also found that the assessee has expressed the will to terminate the transitional re-evaluation process, but has not expressed her willingness to accept the consequence that derive from the termination of this process, the prohibition to be appointed for a period of 15 years in the justice system, pursuant to Article G of the Annex to the Constitution.
The Public Commissioner requested the adjudication panel that if it decides to terminate the re-evaluation process for Ms. Regleta Panajoti, the provisions of Article G of the Annex to the Constitution must be fully applied, pursuant to the current case-law of the Appeal Chamber.
The adjudication panel withdrew for further consultation, and upon an interim decision, decided:
– To request from the High Judicial Council information and documentation on the manner and form of notification of the assessee Regleta Panajoti regarding the decision no. 239, dated 07.07.2020, “On the termination of the status of magistrate for the judge of Tirana Judicial District Court, Mrs. Regleta Panajoti” in order for the adjudication panel to calculate the termination of the legal time limits regarding the right to appeal.
– Depending on the response and information of the High Judicial Council regarding the above, the adjudication panel, prior to the next hearing, shall request information from the Administrative Court of Appeal in Tirana, if the assessee has exercised the right to appeal against the aforementioned decision of the HJC within the legal time limits.
– To invite the assessee to be heard in the next hearing regarding the above issues and the legal consequences of termination of the re-evaluation process according to the provisions of the Annex to the Constitution and the Vetting law.
Pending this information, the adjudication panel decided to adjourn the public hearing on 30.07.2020, at 10:00.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Natasha Mulaj, case rapporteur Luan Daci, and members Ardian Hajdari, Ina Rama, Rezarta Schuetz, announced the decision on case (JR) no. 44/2019, dated 18.09.2019, corresponding to the appeal of the Public Commissioner, against decision no. 162, dated 19.06.2019 of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Manjola Kajana.
At the conclusion 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, unanimously, decided:
Upholding of decision no. 162 dated 19.06.2019 of the Independent Qualification Commission, related to assessee Manjola Kajana.
On Monday 13.07.2020, at 09:00 h, the Appeal Chamber shall review in camera the case (JR) no. 22/2019, dated 02.05.2019 corresponding to the appeal of the assessee Hysni Demiraj, against decision no. 108, dated 15.02.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
Chairperson: Ardian Hajdari
Rapporteur: Ina Rama
Members: Albana Shtylla, Luan Daci, Sokol Çomo
The hearing in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Ardian Hajdari, case rapporteur Ina Rama, and members Albana Shtylla, Luan Daci, Sokol Çomo, announced the decision on case (JR) no. 22/2019, dated 02.05.2019, corresponding to the appeal of the assessee Hysni Demiraj, against decision no. 108, dated 15.02.2019of the Independent Qualification Commission.
In conclusion of the adjudication in camera, 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, unanimously, decided:
Upholding of decision no. 108, dated 15.02.2019 of the Independent Qualification Commission, related to assessee Hysni Demiraj.
On Wednesday 15.07.2020, at 09:00 h, the Appeal Chamber shall review in camera the case (JR) no.14/2019, dated 04.03.2019 corresponding to the appeal of the assessee Agron Vavla, against decision no. 94, dated 21.12.2018 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
Chairperson: Rezarta Schuetz
Rapporteur: Natasha Mulaj
Members: Albana Shtylla, Luan Daci, Sokol Çomo
The hearing in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Rezarta Schuetz, case rapporteur Natasha Mulaj, and members Albana Shtylla, Luan Daci, Sokol Çomo, announced the decision on case (JR) no. 14/2019, dated 04.03.2019, corresponding to the appeal of the assessee Agron Vavla, against decision no. 94, dated 21.12.2018 of the Independent Qualification Commission.
In conclusion of the adjudication in camera, 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, unanimously, decided:
Upholding of decision no. 94, dated 21.12.2018 of the Independent Qualification Commission, related to assessee Agron Vavla.
The Appeal Chamber announces that the review in camera of the case (JR) no.19 / 2019, dated 12.04.2019 corresponding to the appeal of the assessee Genci Sinjari against decision no.66, dated 28.09.2018 of the Independent Qualification Commission, scheduled to be held on 16.07.2020, at 15:00 h, for objective reasons shall be held on the same date, 16.07.2020, but at 10:00 h.
The adjudication panel of this case consists of judges:
The Appeal Chamber has registered the case (JR) no. 27/2020, dated 09.07.2020 corresponding to the appeal of the assessee Gjovalin Përnoca against decision no. 196, dated 13.09.2019 of the Independent Qualification Commission.
The lot was drawn today on 16.07.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding Judge and the case Rapporteur.
The adjudication panel, assigned by lot, consists of judges:
The Appeal Chamber announces that after having reviewed in camera the case (JR) no. 19/2019, dated 12.04.2019 corresponding to the appeal of the assessee Genci Sinjari against decision no. 66, dated 28.09.2018 of the Independent Qualification Commission, decided to transfer the review of this case in public hearing, on Wednesday 29.07.2020, at 10:00 h.
The adjudication panel of this case consists of judges:
The Appeal Chamber held on 17.07.2020, at 10:30, the public hearing on case (JR) no. 21/2019, dated 24.04.2019, corresponding to the appeal of the Public Commissioner against decision no. 103, dated 05.02.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Donika Prela.
At the beginning of the hearing, the assessee, Mrs. Donika Prela, submitted two preliminary requests for the recusal from the adjudication panel of the presiding judge, Judge Natasha Mulaj and the member of this panel, Judge Ina Rama, as she claims that she is in conflict of interest with them, due to her duty as a prosecutor.
After being consulted, the adjudication panel found that pursuant to Article 27 paragraph 2 of Law 84/2016, the authority to review these requests belongs to a different adjudication panel which is assigned by lot; given the circumstances, these two requests shall be reviewed by two other adjudication panels, after being assigned by lot.
The presiding judge also stated that pursuant to Article 75, the last paragraph of the Code of Civil Procedure states that the submission of these requests does not suspend the review of this case, but Judges Ina Rama and Natasha Mulaj shall not be part of the decision making, until the requests for their recusal are reviewed. In these circumstances, the adjudication panel decided to proceed with the case review.
The Public Commissioner submitted the appeal grounds, upon which requests the amendment of decision no. 103 dated 05.02.2019 and the dismissal of the assessee from office.
The assessee, Mrs. Prela elaborated in details her objections to the appeal submitted by the Public Commissioner, as well, she requested the adjudication panel to reopen the judicial investigation and administer as evidence some new acts that she submitted with the adjudication panel.
In order to give reasonable time for the Public Commissioner to comment on the admissibility and probative value of these acts, the adjudication panel decided to adjourn the hearing on 27 July, at 09.00.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
On Monday, 20.07.2020, at 10:00 h, the Appeal Chamber shall review in public hearing the case of Disciplinary Jurisdiction no. 1/2019, dated 19.12.2019 with the petitioner Tom Dedaj, against decision no. 22, dated 28.01.2019 of the High Prosecution Council.
This case shall be reviewed by the judges:
Natasha Mulaj President of the Appeal Chamber
Albana Shtylla Member of the Appeal Chamber
Ardian Hajdari Member of the Appeal Chamber
Ina Rama Member of the Appeal Chamber
Luan Daci Member of the Appeal Chamber
Rezarta Schuetz Member of the Appeal Chamber
Sokol Çomo Member of the Appeal Chamber
The public hearing shall be held at the premises of the Appeal Chamber, at Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
The Appeal Chamber has registered the case (JR) no. 28/2020, dated 10.07.2020 corresponding to the appeal of the Public Commissioner against decision no. 231, dated 29.01.2020 of the Independent Qualification Commission, related to the assessee Anton Martini.
The lot was drawn today on 20.07.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.
The adjudication panel, assigned by lot, consists of judges:
The Appeal Chamber has registered the case (JR) no. 29/2020, dated 16.07.2020 2020 corresponding to the appeal of the assessee Ardit Mustafaj against decision no. 245, dated 05.03.2020 of the Independent Qualification Commission.
The lot was drawn today on 21.07.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.
The adjudication panel, assigned by lot, consists of judges.
The Appeal Chamber held on 22.07.2020, at 10:00 h, the public hearing on case (JR) no. 23/2019, dated 08.05.2019, corresponding to the appeal lodged by the Public Commissioner against decision no. 112, dated 04.03.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Dritan Peka.
During the submission of the appeal grounds that comprise all three evaluation criteria, the Public Commissioner introduced a financial analysis carried out by this institution, based on which, it is found that the assessee is in conditions of lack of full disclosure pursuant to Article 61, paragraph 3 and Article 33, paragraph 5, letter a) of Law 84/2016.
The Public Commissioner requested that the appeal grounds, the amendment of decision no. 112, dated 04.03.2019 and the dismissal of the assessee from office, be taken into consideration.
The assessee submitted his objections to the appeal lodged by the Public Commissioner, as well as requested the adjudication panel to reopen the judicial investigation and to administer as evidence, some new acts that he filed with the adjudication panel in function of the case review.
After withdrawing for consultation, upon an interim decision, the adjudication panel decided:
1- Reopening the investigation and allowing the collection of three acts submitted by the assessee as evidence : – the letter from the National Housing Authority; the letter from the General Prosecutor’s Office for the disciplinary investigation addressed to the assessee and the financial analysis submitted by the assessee.
2- The adjudication panel shall make a decision regarding the request submitted by the Public Commissioner in the submissions in today’s hearing for a financial analysis to be carried out by the Appeal Chamber, after having heard the position of the Public Commissioner after reviewing the acts submitted by the assessee as evidence.
3- The adjudication panel decided not to investigate a denunciation dated 15/04/2019, sent to the Public Commissioner’s email address, as the denunciation does not contain indicia for evidence regarding the re-evaluation criteria as defined by Article 53, paragraph 1 of Law 84/2016.
4- The hearing is adjourned on 14 September 2020, at 10:00 h to give the litigants the opportunity to state their positions, namely: the Public Commissioner to state its position regarding the acts submitted by the assessee as evidence and the assessee to state his position regarding the denunciations forwarded by the Appeal Chamber to his address, on 30 June 2020.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
On Wednesday 16.09.2020, at 09:00, the Appeal Chamber shall review in camera the case (JR) no. 30/2019, dated 06.06.2019, corresponding to the appeal of the assessee Fehmi Petku, against decision no. 136, dated 09.04.2019 of the Independent Qualification Commission.
The adjudication panel for this case consists of judges:
Presiding judge: Albana Shtylla
Rapporteur: Natasha Mulaj
Members: Ardian Hajdari, Ina Rama, Sokol Çomo
The review in camera shall take place at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
On Friday, 24.07.2020, at 09:00 h, the Appeal Chamber shall review in camera the case (JR) no. 27/2019, dated 20.05.2019, corresponding to the appeal of the assessee Fatmir Lushi, against decision no. 125, dated 26.03.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
After being informed by Judge Luan Daci himself, about being summoned as a defendant by the Special Prosecution against Corruption and Organized Crime, the Appeal Chamber held today the Meeting of Judges which upon decision no. 14, dated 24.07.2020, pursuant to Article C, paragraph 3 of the Annex to the Constitution, Article 128, paragraph 3, item “b”, Article 179, paragraph 7, as well as Article 179/b, paragraphs 5 and 6 of the Constitution of the Republic of Albania, decided:
Suspension from office of the judge of the Appeal Chamber, Mr. Luan Daci.
For the purpose of exercising its normal activity, by respecting the independence and impartiality of the proceeding authorities, as well as the principle of presumption of innocence for Judge Luan Daci, the Appeal Chamber requests the proceeding authorities to proceed with the proceedings as fast as possible, in accordance with the provisions of the law.
The Appeal Chamber announces that following to the decision no. 14, dated 24.07.2020 of the Meeting of Judges on the suspension of judge Luan Daci, the lot was drawn for the replacement of the judge in the adjudication panel that shall review the case (JR) no. 27/2019, dated 20.05.2019 corresponding to the assessee Fatmir Lushi.
Based on the lot, judge Luan Daci was replaced by judge Ina Rama.
Eventually, the adjudication panel of the case (JR) no. 27/2019, dated 20.05.2019, shall be composed of the following judges:
Presiding judge: Natasha Mulaj
Rapporteur: Ardian Hajdari
Members: Albana Shtylla, Ina Rama, Rezarta Schuetz
The Appeal Chamber informs that due to this reason, the review in camera was adjourned, to be held on 08.09.2020, at 9.30 h.
The review in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr. 3 Tirana.
Today, on 24.07.2020, the lot was drawn at the Appeal Chamber to replace the member of the adjudication panel, judge Luan Daci in the case (JR) no. 21/2019, dated 24.04.2019 corresponding to the appeal of the Public Commissioner against decision no. 103, dated 05.02.2019 of the Independent Qualification Commission related to the assessee Donika Prela.
Based on the lot, judge Luan Daci was replaced by judge Rezarta Schuetz.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.
Eventually, the adjudication panel of the case (JR) no. 21/2019, dated 24.04.2019, shall be composed of the following judges:
Presiding judge: Natasha Mulaj
Rapporteur: Ardian Hajdari
Members: Ina Rama, Rezarta Schuetz, Sokol Çomo
***
Announcement
Today, on 24.07.2020, the lot was drawn at the Appeal Chamber to replace the member of the adjudication panel, judge Luan Daci in the case (JR) no. 36/2019, dated 31.07.2019 corresponding to the appeal of the assessee Roland Jaupaj against decision no. 150, dated 28.05.2019 of the Independent Qualification Commission
Based on the lot, judge Luan Daci was replaced by judge Rezarta Schuetz.
The replacement of judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.
Eventually, the adjudication panel of the case (JR) no. 36/2019, dated 31.07.2019, shall be composed of the following judges:
Today, on 24.07.2020, the lot was drawn at the Appeal Chamber to replace the member of the adjudication panel, judge Luan Daci in the case (JR) no. 19/2019, dated 12.04.2019 corresponding to the appeal of the assessee Genci Sinjari against decision no. 66, dated 28.09.2018 of the Independent Qualification Commission.
Based on the lot, judge Luan Daci was replaced by judge Natasha Mulaj.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges
Eventually, the adjudication panel of the case (JR) no. 19/2019, dated 12.04.2019, shall be composed of the following judges:
Today, on 24.07.2020, the lot was drawn at the Appeal Chamber to replace the member of the adjudication panel, judge Luan Daci in the case (JR) no. 51/2019, dated 17.10.2019 corresponding to the appeal of the Public Commissioner against decision no. 169, dated 26.06.2019 of the Independent Qualification Commission related to the assessee Regleta Panajoti.
Based on the lot, judge Luan Daci was replaced by judge Rezarta Schuetz
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.
Eventually, the adjudication panel of the case (JR) no. 51/2019, dated 17.10.2019, shall be composed of the following judges:
Today, on 24.07.2020, the Appeal Chamber drew the lot for the replacement of the member of the adjudication panel, judge Luan Daci, in the case (JR) no. 23/2019, dated 08.05.2019 corresponding to the appeal of the Public Commissioner against decision no. 112, dated 04.03.2019 of the Independent Qualification Commission related to the assessee Dritan Peka.
Based on the lot, judge Luan Daci was replaced by judge Ina Rama.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.
Eventually, the adjudication panel of the case (JR) no. 23/2019, datë 08.05.2019, shall be composed of the following judges:
On Friday, 24.07.2020, at 09:00 h, the Appeal Chamber shall review in camera the case (JR) no. 27/2019, dated 20.05.2019, corresponding to the appeal of the assessee Fatmir Lushi, against decision no. 125, dated 26.03.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
After being informed by Judge Luan Daci himself, about being summoned as a defendant by the Special Prosecution against Corruption and Organized Crime, the Appeal Chamber held today the Meeting of Judges which upon decision no. 14, dated 24.07.2020, pursuant to Article C, paragraph 3 of the Annex to the Constitution, Article 128, paragraph 3, item “b”, Article 179, paragraph 7, as well as Article 179/b, paragraphs 5 and 6 of the Constitution of the Republic of Albania, decided:
Suspension from office of the judge of the Appeal Chamber, Mr. Luan Daci.
For the purpose of exercising its normal activity, by respecting the independence and impartiality of the proceeding authorities, as well as the principle of presumption of innocence for Judge Luan Daci, the Appeal Chamber requests the proceeding authorities to proceed with the proceedings as fast as possible, in accordance with the provisions of the law.
The Appeal Chamber announces that following to the decision no. 14, dated 24.07.2020 of the Meeting of Judges on the suspension of judge Luan Daci, the lot was drawn for the replacement of the judge in the adjudication panel that shall review the case (JR) no. 27/2019, dated 20.05.2019 corresponding to the assessee Fatmir Lushi.
Based on the lot, judge Luan Daci was replaced by judge Ina Rama.
Eventually, the adjudication panel of the case (JR) no. 27/2019, dated 20.05.2019, shall be composed of the following judges:
Presiding judge: Natasha Mulaj
Rapporteur: Ardian Hajdari
Members: Albana Shtylla, Ina Rama, Rezarta Schuetz
The Appeal Chamber informs that due to this reason, the review in camera was adjourned, to be held on 08.09.2020, at 9.30 h.
The review in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr. 3 Tirana.
Today, on 24.07.2020, the lot was drawn at the Appeal Chamber to replace the member of the adjudication panel, judge Luan Daci in the case (JR) no. 21/2019, dated 24.04.2019 corresponding to the appeal of the Public Commissioner against decision no. 103, dated 05.02.2019 of the Independent Qualification Commission related to the assessee Donika Prela.
Based on the lot, judge Luan Daci was replaced by judge Rezarta Schuetz.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.
Eventually, the adjudication panel of the case (JR) no. 21/2019, dated 24.04.2019, shall be composed of the following judges:
Presiding judge: Natasha Mulaj
Rapporteur: Ardian Hajdari
Members: Ina Rama, Rezarta Schuetz, Sokol Çomo
***
Announcement
Today, on 24.07.2020, the lot was drawn at the Appeal Chamber to replace the member of the adjudication panel, judge Luan Daci in the case (JR) no. 36/2019, dated 31.07.2019 corresponding to the appeal of the assessee Roland Jaupaj against decision no. 150, dated 28.05.2019 of the Independent Qualification Commission
Based on the lot, judge Luan Daci was replaced by judge Rezarta Schuetz.
The replacement of judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.
Eventually, the adjudication panel of the case (JR) no. 36/2019, dated 31.07.2019, shall be composed of the following judges:
Today, on 24.07.2020, the lot was drawn at the Appeal Chamber to replace the member of the adjudication panel, judge Luan Daci in the case (JR) no. 19/2019, dated 12.04.2019 corresponding to the appeal of the assessee Genci Sinjari against decision no. 66, dated 28.09.2018 of the Independent Qualification Commission.
Based on the lot, judge Luan Daci was replaced by judge Natasha Mulaj.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges
Eventually, the adjudication panel of the case (JR) no. 19/2019, dated 12.04.2019, shall be composed of the following judges:
Today, on 24.07.2020, the lot was drawn at the Appeal Chamber to replace the member of the adjudication panel, judge Luan Daci in the case (JR) no. 51/2019, dated 17.10.2019 corresponding to the appeal of the Public Commissioner against decision no. 169, dated 26.06.2019 of the Independent Qualification Commission related to the assessee Regleta Panajoti.
Based on the lot, judge Luan Daci was replaced by judge Rezarta Schuetz
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.
Eventually, the adjudication panel of the case (JR) no. 51/2019, dated 17.10.2019, shall be composed of the following judges:
Today, on 24.07.2020, the Appeal Chamber drew the lot for the replacement of the member of the adjudication panel, judge Luan Daci, in the case (JR) no. 23/2019, dated 08.05.2019 corresponding to the appeal of the Public Commissioner against decision no. 112, dated 04.03.2019 of the Independent Qualification Commission related to the assessee Dritan Peka.
Based on the lot, judge Luan Daci was replaced by judge Ina Rama.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Meeting of Judges.
Eventually, the adjudication panel of the case (JR) no. 23/2019, datë 08.05.2019, shall be composed of the following judges:
The Appeal Chamber held on 27.07.2020, at 09:00, the public hearing on the case (JR) no. 21/2019, dated 24.04.2019, corresponding to the appeal of the Public Commissioner against decision no. 103, dated 05.02.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Donika Prela.
At the beginning of the hearing, the presiding judge informed that judge Luan Daci, one of the members of the adjudication panel of this case, pursuant to decision no. 14, dated 24.07.2020 of the Meeting of Judges on his suspension from office, was replaced upon lot by judge Rezarta Schuetz.
During the verification of the litigants’ presence, the presiding judge ascertained that the assessee Donika Prela was not present. In her absence, the spouse of Mrs. Prela submitted with the adjudication panel a request from the assessee for adjournment of the hearing due to health reasons, accompanied by a medical report for temporary incapacity for work. Through this request, based on Articles 174 and 175 of the Code of Civil Procedure, the assessee requested the adjournment of the hearing for a period of 2 weeks and informed the adjudication panel that for the upcoming hearings, she would assign a defense attorney in order to avoid the procrastination of the process.
After being acquainted with the request of the assessee and the submitted medical report, the adjudication panel decided to adjourn the hearing on 3.09.2020, at 10:00.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr. 3 Tirana.
On Tuesday 28.07.2020, at 10:00, the Appeal Chamber shall review in camera case (JR) no. 36/2019, dated 31.07.2019 corresponding to the appeal of the assessee Roland Jaupaj, against decision no. 150, dated 28.05.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
Presiding Judge: Ina Rama
Rapporteur: Albana Shtylla
Members: Ardian Hajdari, Luan Daci, Sokol Çomo
The hearing 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 the case (JR) no.30/2020, dated 22.07.2020 corresponding to the appeal of the assessee Andi Civici against decision no. 243, dated 04.03.2020 of the Independent Qualification Commission.
The lot was drawn today on 28.07.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.
The adjudication panel, assigned by lot, consists of judges:
The Appeal Chamber announces that the in camera hearing on the case (JR) no. 36/2019 dated 31.07.2019, corresponding to the appeal of the assessee Roland Jaupaj, against decision no. 150, dated 28.05.2019 of the Independent Qualification Commission, is adjourned to be held on Thursday 10.09.2020, at 9:30, so that the assessee can be notified on the change of the composition of the adjudication panel.
The Appeal Chamber announces that after having reviewed in camera the case (JR) no. 19/2019, dated 12.04.2019 corresponding to the appeal of the assessee Genci Sinjari against decision no. 66, dated 28.09.2018 of the Independent Qualification Commission, decided to transfer the review of this case in public hearing, on Wednesday 29.07.2020, at 10:00 h.
The adjudication panel of this case consists of judges:
Today, on 28.07.2020, the Appeal Chamber held the lot drawing to replace judge Luan Daci, assigned as case rapporteur on the case (JR) no. 32/2019, dated 09.07.2019 corresponding to the appeal of the assessee Edison Ademi against decision no. 137, dated 09.04.2019 of the Independent Qualification Commission.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.
After the lot drawing to assign the member judge and then the case rapporteur, the adjudication panel of the case (JR) no. 32/2019, dated 09.07.2019, shall be composed of the following judges:
Today, on 28.07.2020, the Appeal Chamber held the lot drawing to replace judge Luan Daci, assigned as case rapporteur on the case (JR) no. 39/2019, dated 04.09.2019 corresponding to the appeal of the assessee Evelina Qirjako against decision no. 178, dated 08.07.2019 of the Independent Qualification Commission.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.
After the lot drawing to assign the member judge and then the case rapporteur, the adjudication panel of the case (JR) no. 39/2019, dated 04.09.2019, shall be composed of the following judges:
Presiding judge: Sokol Çomo
Rapporteur: Rezarta Schuetz
Members: Albana Shtylla, Ardian Hajdari, Ina Rama
***
Announcement
Today, on 28.07.2020, the Appeal Chamber held the lot drawing to replace judge Luan Daci, assigned as panel member on the case (JR) no. 28/2019, dated 24.05.2019 corresponding to the appeal of the assessee Çlirim Shahini against decision no. 124, dated 26.03.2019 of the Independent Qualification Commission.
After the lot drawing, judge Luan Daci is replaced by judge Natasha Mulaj.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.
Eventually, the adjudication panel of the case. 28/2019, dated 24.05.2019, shall be composed of the following judges:
Presiding judge: Sokol Çomo
Rapporteur: Rezarta Schuetz
Members: Ardian Hajdari, Ina Rama, Natasha Mulaj
***
Announcement
Today, on 28.07.2020, the Appeal Chamber held the lot drawing to replace judge Luan Daci, assigned as presiding judge on the case (JR) no. 33/2019, dated 15.07.2019 corresponding to the appeal of the assessee Dritan Seci against decision no. 114, dated 11.03.2019 of the Independent Qualification Commission.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.
Upon the lot drawing to assign the member judge and then the presiding judge, the adjudication panel of the case (JR) no. 33/2019, dated 15.07.2019, shall be composed of the following judges:
Presiding judge: Rezarta Schuetz
Rapporteur: Ardian Hajdari
Members: Ina Rama, Natasha Mulaj, Sokol Çomo
***
Announcement
Today, on 28.07.2020, the Appeal Chamber held the lot drawing to judge Luan Daci, assigned as panel member on the case (JR) no. 35/2019, dated 31.07.2019 corresponding to the appeal of the assessee Ferdinand Elezi against decision no. 138, dated 09.04.2019 of the Independent Qualification Commission.
After the lot drawing, judge Luan Daci is replaced by judge Ardian Hajdari.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.
Eventually, the adjudication panel of the case no. 35/2019, dated 31.07.2019, shall be composed of the following judges:
Today, on 28.07.2020, the Appeal Chamber held the lot drawing to replace judge Luan Daci, assigned as panel member on the case (JR) no. 41/2019, dated 06.09.2019 corresponding to the appeal of the assessee Eugen Beçi against decision no. 171, dated 26.06.2019 of the Independent Qualification Commission.
After the lot drawing, judge Luan Daci is replaced by judge Rezarta Schuetz.
The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.
Eventually, the adjudication panel of the case no. 41/2019, dated 06.09.2019, shall be composed of the following judges:
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Ina Rama, case rapporteur Sokol Çomo and members Albana Shtylla, Natasha Mulaj, Rezarta Schuetz, announced today the decision on the case (JR) no. 19/2019, dated 12.04.2019, corresponding to the appeal of the assessee Genci Sinjari, against decision no. 66, dated 28.09.2018, of the Independent Qualification Commission.
In conclusion of the adjudication, pursuant to Article G of the Annex to Constitution, Article 66, paragraph 1/a of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the adjudication panel, unanimously, decided:
Upholding of decision no. 66 dated 28.09.2018, of the Independent Qualification Commission, corresponding to the assessee Genci Sinjari.
The Appeal Chamber held on 10.07.2020, at 10:00, the public hearing on the case (JR) no. 51/2019, dated 17.10.2019, corresponding to the appeal of the Public Commissioner against the decision no. 169, dated 26.06.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Regleta Panajoti.
After ascertaining the absence of the assessee in today’s hearing, the presiding judge announced that on 08.07.2020, the High Judicial Council had forwarded to the Appeal Chamber, its decision no. 239, dated 07.07.2020 “On the termination of the status of magistrate for the judge of Tirana Judicial District Court, Mrs. Regleta Panajoti”.
Meanwhile, the assessee Mrs. Panajoti, via an email has requested the Appeal Chamber to terminate the transitional re-evaluation process due to the termination of the status of magistrate pursuant to the decision of the HJC no. 239 dated 07.07.2020.
The Public Commissioner found that the decision of the HJC, no. 239, dated 7.07.2020 is effective, but still can be appealed according to the provisions of Law no. 115/2016 “On the governing bodies of the justice system”. The Public Commissioner also found that the assessee has expressed the will to terminate the transitional re-evaluation process, but has not expressed her willingness to accept the consequence that derive from the termination of this process, the prohibition to be appointed for a period of 15 years in the justice system, pursuant to Article G of the Annex to the Constitution.
The Public Commissioner requested the adjudication panel that if it decides to terminate the re-evaluation process for Ms. Regleta Panajoti, the provisions of Article G of the Annex to the Constitution must be fully applied, pursuant to the current case-law of the Appeal Chamber.
The adjudication panel withdrew for further consultation, and upon an interim decision, decided:
– To request from the High Judicial Council information and documentation on the manner and form of notification of the assessee Regleta Panajoti regarding the decision no. 239, dated 07.07.2020, “On the termination of the status of magistrate for the judge of Tirana Judicial District Court, Mrs. Regleta Panajoti” in order for the adjudication panel to calculate the termination of the legal time limits regarding the right to appeal.
– Depending on the response and information of the High Judicial Council regarding the above, the adjudication panel, prior to the next hearing, shall request information from the Administrative Court of Appeal in Tirana, if the assessee has exercised the right to appeal against the aforementioned decision of the HJC within the legal time limits.
– To invite the assessee to be heard in the next hearing regarding the above issues and the legal consequences of termination of the re-evaluation process according to the provisions of the Annex to the Constitution and the Vetting law.
Pending this information, the adjudication panel decided to adjourn the public hearing on 30.07.2020, at 10:00.
The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.
On Monday 21.09.2020, at 09:30, the Appeal Chamber shall review in camera case (JR) no.35/2019, dated 31.07.2019 corresponding to the appeal of the assessee Ferdinand Elezi, against decision no. 138, dated 09.04.2019 of the Independent Qualification Commission.
The adjudication panel of this case is composed of judges:
The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Ardian Hajdari, rapporteur Sokol Çomo and members Albana Shtylla, Ina Rama, Rezarta Schuetz, announced today the decision on the case (JR) no. 51/2019, dated 17.10.2019, corresponding to the appeal of the Public Commissioner against decision no. 169, dated 26.06.2019, of the Independent Qualification Commission related to the assessee Regleta Panajoti.
In conclusion of the adjudication, pursuant to Article G of the Annex to Constitution, Article 66, paragraph 1/c of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the adjudication panel, unanimously, decided:
Annulment of the decision of the Independent Qualification Commission no. 169, dated 26.06.2019, on the assessee Regleta Panajoti.
Termination of the transitional re-evaluation process for the assessee Regleta Panajoti.
Prohibition of appointment of Mrs. Regleta Panajoti as judge or prosecutor of any level, as member of the High Judicial Council or of the High Council of Prosecution, High Inspector of Justice or Prosecutor General, for a period of 15 years.
The Appeal Chamber held today, on 30.06.2020, at 11:00 h, the session for the election of the President of the Appeal Chamber, for the period 26.07.2020 – 26.07.2023.
Upon the secret ballot which took place in the presence of international observers of the International Monitoring Operation, the candidate Albana Shtylla was elected with 7 (seven) votes in her favor.
This result was approved upon decision of the Meeting of Judges no. 12, dated 30.06.2020.
Mrs. Albana Shtylla shall take the office of the President of the Appeal Chamber, on 26.07.2020, when the office term of the incumbent President, Mrs. Natasha Mulaj shall terminate.
