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The Appeal Chamber held on 21.09.2021, at 10:00 h, the public hearing of case (JR) 12/2021, dated 03.03.2021, corresponding to the appeal of the Public Commissioner against decision no. 324, dated 11.12.2020, of the Independent Commission of Qualification, related to the assessee Sokol Ngresi.

In the absence of one of the judges due to objective health grounds and due to the lack of formation of the trial panel, the presiding judge announced that the hearing shall be adjourned, to be held on 01.10.2021, at 10:00 h.

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

On Wednesday, 06.10.2021, at 10:00 hrs., there shall be adjudicated in a public hearing case (JR) no. 21/2021, dated 29.04.2021, related to the appeal filed by the Public Commissioner against decision no. 332, dated 12.01.2021 of the Independent Qualification Commission concerning assessee Lindita Male (Ziguri).

The panel for the adjudication of this case is composed of the following:

Presiding judge: Ina Rama

Judge-Rapporteur: Rezarta Schuetz

Panel members:  Albana Shtylla, Ardian Hajdari, Natasha Mulaj

The public hearing shall take place at the premises of the Appeal Chamber, at Bulevardi “Dëshmorët e Kombit”, nr. 3. Tiranë.

The Appeal Chamber held on 16.09.2021, at 13:00 h, the public hearing of case (JR) 30/2021, dated 02.06.2021, corresponding to the appeal of the Public Commissioner against decision no. 374, dated 23.04.2021, of the Independent Commission of Qualification, related to the assessee Shkëlqim Miri.

The presiding judge informed that at the previous hearing dated 08.09.2021, the trial panel withdrew to make the final decision, to be announced in today’s hearing, but in the absence of the case rapporteur for objective health reasons, the trial panel was unable to reach a final decision.

Under such circumstances, the trial panel decided ti re-withdrew to make the decision, to be announced on 07.10.2021, at 12:00h.

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

The trial panel of the Appeal Chamber, composed of judges, Natasha Mulaj presiding, Ina Rama rapporteur, Albana Shtylla, Rezarta Schuetz, Sokol Çomo members, announced the decision on case (JR) no. 47/2019, dated 03.10.2019, corresponding to the appeal of the assessee Gurali Brahimllari against decision no. 166, dated 21.06.2019 of the Independent Qualification Commission.

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

1. To uphold decision no. 166, dated 21.06.2019 of the Independent Qualification Commission, related to the assessee Gurali Brahimllari.

2. This decision is final and effective immediately.

Announced in Tirana, today, on 12.10.2021.

Today, on 04.10.2021, at 10:00 AM, the Appeal Chamber held the public hearing of case (JR) 60/2020, dated 18.12.2020, corresponding to the appeal of the Public Commissioner against decision no. 316, dated 17.11.2020 of the Independent Commission of Qualification, related to the assessee Ibrahim Hoxha.

After verifying the presence of the parties, the presiding judge ascertained the absence of the assessee or any of his legal representatives, announcing that the assessee has confirmed via e-mail his acknowledgment of this hearing.

In order to continue the hearing in the absence of the assessee, the presiding judge requested the opinion of the Public Commissioner, Mr. D. Sina, who requested that the hearing should continue. After being consulted, the panel decided to continue the hearing by giving the floor to the Public Commissioner to present appeal grounds.

The Public Commissioner, while submitting the appeal grounds, submitted that the re-evaluation process for the assessee cannot be declared closed without a final decision, since the assessee has lost the magistrate status. He requested the trial panel to overrule the decision of the Independent Qualification Commission and order the IQC to classify uncompleted the re-evaluation process for Mr. Hoxha.

Following the consultations, the Judge Rapporteur addressed some questions to the Public Commissioner regarding the amendment of the appeal request, the legal provisions violated by the Commission, the legal basis upon which the appeal and the submissions submitted at today’s hearing are based, etc., for which Mr. Sina provided the relevant responses.

In the end, the trial panel, decided to adjourn the hearing to communicate to the assessee the requests submitted by the Public Commissioner in today’s hearing.

For this reason, the hearing was postponed on 13.10.2021, at 10:00.

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

On Wednesday, 03.11.2021, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 2/2020, dated 09.01.2020, corresponding to the appeal of the assessee Ndini Tavani against decision no. 199, dated 11.10.2019 of the Independent Qualification Commission.

The trial panel for the review of this case consists of judges:

Presiding: Ina Rama

Rapporteur: Albana Shtylla

Members: Ardian Hajdari, Natasha Mulaj, Sokol Çomo

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

Today, on 13.10.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 60/2020, dated 18.12.2020, corresponding to the appeal of the Public Commissioner against decision no. 316, dated 17.11.2020 of the Independent Commission of Qualification, related to the assessee Ibrahim Hoxha.

During the verification of the presence of the parties, the presiding judge ascertained the absence of the assessee or any his legal representatives, noticing that the assessee failed to submit any reasonable ground on his absence. In these terms, after receiving the consent of the Public Commissioner, the hearing continued in the absence of the assessee.

Once the Public Commissioner stated that he had no additional requests, the trial panel decided to close the judicial investigation of the case and invited the Public Commissioner to submit the final conclusions.

In the final conclusions, the Public Commissioner requested the Chamber:

• To consider the appeal grounds, assessing that the factual circumstances are such as to lead to the application of Article 66, paragraph ‘c’, of Law no. 84/2016, and decide: to overrule decision no. 316, dated 17.11.2020 of the Independent Qualification Commission, related to the assessee Ibrahim Hoxha, ordering the Independent Qualification Commission to classify the re-evaluation process of Mr. Ibrahim Hoxha as uncompleted.

Following the hearing the final conclusions, the trial panel withdrew to make the final decision, to be announced the next day, on 14.10.2021, at 10:00.

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

The Appeal Chamber has registered case (JR) no. 56/2021, dated 11.10.2021 corresponding to the appeal of the assessee Zegjine Sollaku against decision no. 416, dated 08.07.2021 of the Independent Qualification Commission.

Today, on 20.10.2021, the Appeal Chamber drew the lot for the appointment of the trial panel, its presiding judge, and the case rapporteur.

The panel appointed by lot is composed of the following judges:

Presiding: Sokol Çomo

Rapporteur: Ardian Hajdari

Members: Ina Rama, Rezarta Schuetz, Albana Shtylla

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The Appeal Chamber has registered case (JR) no. 57/2021, dated 11.10.2021, corresponding to the appeal of the assessee Mirela Iliopullo against decision no. 420, dated 13.07.2021 of the Independent Qualification Commission.

Today, on 20.10.2021, the Appeal Chamber drew the lot for the appointment of the trial panel, its presiding judge, and the case rapporteur.

The panel appointed by lot is composed of the following judges:

Presiding: Natasha Mulaj

Rapporteur: Sokol Çomo

Members: Ardian Hajdari, Ina Rama, Albana Shtylla

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The Appeal Chamber has registered case (JR) no. 58/2021, dated 11.10.2021, corresponding to the appeal of the Public Commissioner against decision no. 410, dated 30.06.2021, of the Independent Qualification Commission, related to the assessee Atalanta Zeqiraj

Today, on 20.10.2021, the Appeal Chamber drew the lot for the appointment of the trial panel, its presiding judge, and the case rapporteur.

The panel appointed by lot is composed of the following judges:

Presiding: Sokol Çomo

Rapporteur: Rezarta Schuetz

Members: Ardian Hajdari, Ina Rama, Albana Shtylla

The Appeal Chamber held today, on 20.10.2021, at 10:00, the public hearing of case (JR) 21/2021, dated 29.04.2021, corresponding to the appeal of the Public Commissioner against decision no. 332, dated 12.01.2021, of the Independent Qualification Commission, related to the assessee Lindita Male (Ziguri).

During the submission of the appeal grounds, the Public Commissioner requested further investigation into the asset assessment criterion and additional information and documentation to the purpose of the review of the case, as well as an overall evaluation of the case, which, according to the Public Commissioner, was not complete and thorough by the Independent Qualification Commission decision.

The Public Commissioner requested the Chamber to consider the appeal grounds and to decide alternatively, either uphold or amend decision no. 332, dated 12.01.2021 of the Independent Qualification Commission.

In response to the Public Commissioner’s appeal grounds, the assessee submitted new acts, which she considered exhaustive for the appeal and requested the Panel to accept them as evidence.

The assessee requested the dismissal of the appeal of the Public Commissioner and the upholding of decision no. 332, dated 12.01.2021 of the Independent Qualification Commission.

After consultation, the trial panel decided to open the judicial investigation of the case and to accept as evidence all the acts submitted by the assessee. In order to comment on the further investigation of the case, the trial panel decided to adjourn the hearing until 26.10.2021, at 10:00.

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

The Appeal Chamber held today, on 20.10.2021, at 10:00, the public hearing of case (JR) 21/2021, dated 29.04.2021, corresponding to the appeal of the Public Commissioner against decision no. 332, dated 12.01.2021, of the Independent Qualification Commission, related to the assessee Lindita Male (Ziguri).

During the submission of the appeal grounds, the Public Commissioner requested further investigation into the asset assessment criterion and additional information and documentation to the purpose of the review of the case, as well as an overall evaluation of the case, which, according to the Public Commissioner, was not complete and thorough by the Independent Qualification Commission decision.

The Public Commissioner requested the Chamber to consider the appeal grounds and to decide alternatively, either uphold or amend decision no. 332, dated 12.01.2021 of the Independent Qualification Commission.

In response to the Public Commissioner’s appeal grounds, the assessee submitted new acts, which she considered exhaustive for the appeal and requested the Panel to accept them as evidence.

The assessee requested the dismissal of the appeal of the Public Commissioner and the upholding of decision no. 332, dated 12.01.2021 of the Independent Qualification Commission.

After consultation, the trial panel decided to open the judicial investigation of the case and to accept as evidence all the acts submitted by the assessee. In order to comment on the further investigation of the case, the trial panel decided to adjourn the hearing until 26.10.2021, at 10:00.

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

The Appeal Chamber has registered case (JR) no. 60/2021, dated 20.10.2021, corresponding to the appeal of the assessee Durim Hasa against decision no. 399 dated 14.06.2021, of the Independent Qualification Commission.

Today, on 26.10.2021, the lot was drawn in the Appeal Chamber to appoint the trial panel, the presiding judge of this panel and the case rapporteur.

The panel appointed by lot is composed with the following judges:

Presiding: Natasha Mulaj

Rapporteur: Ardian Hajdari

Members: Ina Rama, Rezarta Schuetz, Albana Shtylla

Today, on 28.10.2021, at 10:00 AM, the Appeal Chamber held the public hearing of case (JR) 43/2020, dated 30.09.2020, corresponding to the appeal of the Public Commissioner against decision no. 273, dated 10.07.2020 of the Independent Qualification Commission, related to the assessee Alkelina Gazidedja.

During the submissions of the appeal grounds, the Public Commissioner, with regard to asset assessment, stated that the assessee, Mrs. Gazidedja, has made an inaccurate and insufficient declaration and does not justify her assets with legitimate sources.

With regard to the proficiency assessment, the Public Commissioner held that the noticed shortcomings are such that do not justify and do not establish the conviction that the assessee should be confirmed in office. The Public Commissioner requested the amendment of decision no. 273, dated 10.07.2020, of the Independent Qualification Commission and dismissal from office of the assessee Alkelina Gazidedja.

The legal representative and the assessee herself, Mrs. Gazidedja, objected in detail the grounds of the appeal, considering them unfounded in law and evidence and the claims of the Public Commissioner as contradictory and unsubstantiated.

During the submission of her rebuttals, Ms. Gazidedja referred to the four decisions of the High Inspector of Justice related to cases tried by her, which the Independent Qualification Commission had addressed to this institution in the context of the proficiency assessment criterion of the assessee.

The Public Commissioner requested that such decision be made available and be acquainted with, in order to maintain in particular a position with their respect, as well as with regard to the submissions of the assessee in this hearing.

In response to this request, the trial panel decided to adjourn the public hearing until 01.11.2021, at 14:00.

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