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Announcement

Today, on 18.11.2021, at 10:00 h, the Appeal Chamber held 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).

The presiding judge announced that in response to the request of the Appeal Chamber for documentation and additional information for the assessee, the person related to her, F.M., as well as the other related person, A.GJ, there were several letters received, from the Prosecution office at Tirana First Instance Court, Tirana Judicial District Court, the Credit Processing Agency, the Civil Status General Directorate, several companies, as well as from a level second bank.

Once the parties confirmed the acquaintance with the above responses, the assessee filed various new acts in order to the further investigation of the case, which she requested to be accepted as evidence by the trial panel. These acts were also forwarded to the Public Commissioner.

After being consulted, the trial panel decided to allow the taking as evidence of acts received from institutions, as well as the acts filed by the assessee.

Following this procedural moment, the Public Commissioner maintained a preliminary position on the evidence in their entirety, clarifying that the final position with their regard shall be submitted during the final conclusions.

After the assessee answered certain questions of the case rapporteur, the trial panel decided to close the judicial investigation and invited the parties to submit their final conclusions, in the next hearing, to be held on 02.12.2021, at 09:00 h.

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

On Monday, 06.12.2021, at 14:00h, the Appeal Chamber shall review case (JD) no. 5/2021, dated 31.05.2021, with suitor, the International Monitoring Operation, the object of which is the disciplinary proceedings against the Appeal Chamber judge, Mr. Luan Daci.

This case will be reviewed by a Disciplinary Commission composed of judges:

Natasha Mulaj             Presiding

Albana Shtylla            Member

Ina Rama                     Member

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

Announcement

The Appeal Chamber has registered case (JR) no. 72/2021, dated 23.11.2021, corresponding to the appeal of the Public Commissioner against decision no. 442, dated 14.09.2021 of the Independent Qualification Commission, related to the assessee Julian Çafka.

Today, on 03.12.2021, the Appeal Chamber held the lot 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:       Ina Rama

Rapporteur:   Natasha Mulaj

Members:       Albana Shtylla, Ardian Hajdari, Sokol Çomo

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Announcement

The Appeal Chamber has registered case (JR) no. 73/2021, dated 24.11.2021, corresponding to the appeal of the assessee Izet Dushaj against decision no. 451, 23.09.2021 of the Independent Qualification Commission.

Today, on 03.12.2021, the Appeal Chamber held the lot 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:       Rezarta Schuetz

Rapporteur:   Sokol Çomo

Members:       Albana Shtylla, Ina Rama, Natasha Mulaj

Today, on 07.12.2021, at 14:00, the Appeal Chamber held the public hearing of case (JD) 5/2021, dated 31.05.2021, against the judge of the Appeal Chamber, Mr. Luan Daci.

The investigating judge of the case, Judge Ardian Hajdari, submitted to the Disciplinary Commission the report on the investigation results and its attached acts, which he requested to be administered as evidence by the Disciplinary Commission. The investigating judge requested that, after reviewing the report, based on the applicable legislation, the Commission decides on the disciplinary measure of dismissal from office of the judge under disciplinary proceedings, Mr. Luan Daci, according to Article 128, paragraph 2 (b) of the Constitution.

The judge under disciplinary proceedings, Mr. Luan Daci, submitted his objections with respect to the request of the investigating judge, requesting the Disciplinary Commission to decide in dismissing the disciplinary proceeding and not imposing a disciplinary measure, as, according to him, there is no criminal fact and that the addressing to Article 128, paragraph 2 (b) of the Constitution is erroneous. The judge under disciplinary proceedings, Mr. Daci, stated that he is not found in terms of a disciplinary violation, referring to Article C, paragraph 16, of the Annex to the Constitution, as well as Articles 16 and 17 of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”..

The Disciplinary Commission decided to close the review of the disciplinary proceedings, heard the final requests of the parties, and decided to withdraw for making the final decision, to be announced on 09.12.2021, at 09.30.

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

On 09.12.2021 the Appeal Chamber held the hearing in chambers of case (JR) 59/2019, dated 13.11.2019, corresponding to the appeal of the assessee Hysen Keta against decision no. 189, dated 25.07.2019 of the Independent Commission of Qualification.

The trial panel, after considered the case, pursuant to Article F, paragraph 3 of the Annex to the Constitution and Article 51, paragraph 1 (c) of Law No. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided to transfer the review of the case in a public hearing, to be held on Wednesday, 11.01.2021, at 10:00.

The trial in a public hearing was decided in order to ascertain the factual situation of the case, by repeating the collection of the necessary evidence.

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

Presiding:        Sokol Çomo

Rapoorteur:     Rezarta Schuetz

Members:        Albana Shtylla, Ardian Hajdari, Ina Rama

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

The Disciplinary Commission, composed of Judges, Natasha Mulaj, presiding, Albana Shtylla and Ina Rama, members, announced today, on 09.12.2021, at 09:30, the decision on case (JD) 5/2021, dated 31.05.2021, against the Judge of the Appeal Chamber Mr. Luan Daci.

Pursuant to Article 128, paragraph 2 (b), of the Constitution, Article 17, paragraph 6 (a), of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Article 105, paragraph 1 (dh) of Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as amended, the Disciplinary Commission, unanimously, decided:

1. The dismissal from office of Mr. Luan Daci, judge at the Appeal Chamber.
2. This decision is final and effective immediately.

Announced in Tirana, today, on 09.12.2021.

On Thursday, 09.12.2021, at 10:00, the Appeal Chamber shall review in camera case (JR) no.59/2019, dated 13.11.2019, corresponding to the appeal of the assessee Hysen Keta against decision no. 189, dated 25.07.2019, of the Independent Commission of Qualification.

The trial panel of this case consists of judges:

Presiding:       Sokol Çomo

Rapporteur:   Rezarta Schuetz

Members:       Albana Shtylla, Ardian Hajdari, Ina Rama

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

The Appeal Chamber has registered case (JR) no. 76/2021, dated 02.12.2021, corresponding to the appeal of the assessee Lorenc Mërkuri against decision no. 450, dated 22.09.2021, of the Independent Qualification Commission.

Today, on 10.12.2021, the Appeal Chamber held the lot 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:       Ina Rama

Rapporteur:   Albana Shtylla

Members:       Sokol Çomo, Ardian Hajdari, Rezarta Schuetz

Today, on 14.12.2021, at 10:00, the Appeal Chamber held the public plenary hearing of case (JD) no. 3/2021, dated 30.04.2021, with appellant Mr. Bujar Memia, against decision no. 81, dated 31.03.2021 of the High Prosecutorial Council, “On imposing the disciplinary measure against prosecutor Bujar Memia”, and interested parties, the High Inspectorate of Justice (HIJ) and the High Prosecutorial Council (HPC).

After verifying the presence of the parties, the appellant Bujar Memia, to the purpose of carrying out his defense before the Chamber, submitted two preliminary requests before the trial panel, through which he requested that information and evidence be administered, for which, he claimed that he had no response from the respective institutions.

Subsequently, the presiding judge requested the HPC representatives whether the appellant had been made available the entire file with the administered and created acts, in the context of the disciplinary proceedings against him. The HPC representatives submitted that it is the HIJ duty to acquaint the appellant with the acts. The High Inspector of Justice representative, in order to clarify the fact whether the appellant Bujar Memia was acquainted with the acts issued by HIJ, stated that the decision to initiate a disciplinary investigation, which was forwarded to the appellant, contained attached the statement of the rights, upon which he is provided the right of acquaintance with the acts.

The HPC representative, when questioned by the presiding judge on the reason the complete file of the case was not submitted with the Chamber, stated that it was assessed that this is the obligation of the appellant, whereas the HIJ representative requested the AC to administer the complete file of the case, if it serves this proceedings.

After withdrawing for consultation, the Appeal Chamber, based on Articles 1, paragraph 2 and 42 of Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended, decided to address the High Prosecutorial Council to submit within 29.12.2021 the file with all the acts administered and created in the context of the disciplinary proceeding, on the basis of which decision no. 81, dated 31.03.2021, of the High Prosecutorial Council has been made.

With regard to the appellant requests on the collection of evidence, the Chamber considered that they do not fall into the category of preliminary requests and should be submitted by the appellant and considered by the court during the examination on the merits of the case.

In order to accomplish the tasks ordered by the trial panel, the next hearing will take place on January 19, 2022, at 10:00.

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

Today, on 15.12.2021, at 10:00, the Appeal Chamber held the public plenary hearing of case (JD) 4/2021, dated 21.05.2021, with appellant Mrs. Enkeleida Hoxha, against decision no. 92, dated 17.03.2021 of the High Judicial Council, with interested party, the High Judicial Council (HJC).

The presiding judge informed the party, the petitioner Enkeleida Hoxha, present at the hearing, that lawyer Ardian Visha had filed a request with the Appeal Chamber, demanding the adjournment of the hearing, due to his incapacity to be present, for objective health reasons.

The appellant, questioned by the presiding judge, confirmed she wanted be represented by this lawyer in the proceedings that shall take place at the Appeal Chamber, according to the rights set out in the power of attorney issued by her and that she also concurred to adjourn the hearing due to his absence.

The presiding judge asked the complainant Enkeleida Hoxha whether the entire file administered and created in the context of her disciplinary proceedings had been made available to her by the HJC, and she stated that she was only acquainted with the decision on the initiation of the disciplinary proceedings.

Asked by the presiding judge, the HJC representative stated that in addition to his submissions filed with the Chamber, the complete file was submitted for the purpose of disciplinary proceedings. Following this statement, the presiding judge clarified that the perception of the Chamber, based on the specification made with their regard in the HJC letter, is that the latter has filed only the documents in view of the objections submitted with the AC, but not the complete file administered and created by the HJC for the purposes of disciplinary proceedings against Mrs. Enkeleida Hoxha.

After withdrawing for consultations, the Chamber, based on Article 175, second paragraph, of the Civil Procedure Code, decided to accept the request of the appellant Enkeleida Hoxha and lawyer Ardian Visha for the adjournment of today’s hearing.

Pursuant to Articles 1, paragraph 2 and 42 of Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended, the Appeal Chamber decided to address the HJC to forward to the AC within 29.12.2021 the complete file containing all acts administered and created for the purposes of disciplinary proceedings, on the basis of which HJC issued decision no. 92, dated 17.03.2021.

Also, based on Article 38, paragraph 2 of Law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended, the Appeal Chamber decided to summon the High Justice Inspector as interested party to this proceedings, whose participation in this process is considered necessary to its effectiveness.

In order to accomplish the tasks ordered by the trial panel, the next hearing will take place on January 20, 2022, at 10:00.

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

Today, on 15.12.2021, at 13:30h, the Appeal Chamber held the public hearing of case (JR) no.13/2020, dated 01.06.2020, corresponding to the appeal of the Public Commissioner against decision no. 221, dated 10.12.2019, of the Independent Qualification Commission, related to the assessee Anita Jella.

After verifying the presence of the parties, the presiding judge announced that the Chamber has received some denunciations on the account of the assessee and their forwarding to the parties at trial.

During the presentation of his appeal grounds, the Public Commissioner assessed that the assessee made an incomplete, inaccurate and insufficient declaration for the asset assessment, referring to the requirements of Article D of the Annex to the Constitution and Law no. 84/2016, failing to reach a reliable level in the assessment of this criterion. The Public Commissioner stated that there were issues and shortcomings found with respect to proficiency assessment criteria and that the assessee failed to prove their opposite, with respect to the ones shifted upon the burden of proof. While requesting the AC to exercise the evaluative and controlling jurisdiction for the three evaluation criteria, the Public Commissioner, pursuant to Article F, paragraphs 3 and 7, of the Annex to the Constitution, and Article 66, paragraph 1 (b), of Law no. 84/2016, requested the amendment of decision no. 221, dated 10.12.2019, of the Independent Qualification Commission and dismissal from office of the assessee.

The assessee, Mrs. Anita Jella contradicted the appeal grounds of the Public Commissioner for the assets and proficiency assessment criteria, stating that the appeal is unfounded in law, facts and evidence, that the Public Commissioner failed to apply the principle of objectivity and proportionality, and that the assessment carried out by him does not respond to the requirements of Article D of the Annex to the Constitution and Law no. 84/2016.

The assessee, Mrs. Jella, requested the Appeal Chamber to reopen the investigation, administer and accept as evidence certain acts enclosed to the today’s submission, to the purpose of a complete and comprehensive investigation, rebut the Public Commissioner’s appeal and uphold decision no. 221, dated 10.12.2019, of the Independent Qualification Commission.

With respect to the denunciations, the assessee requested a reasonable time for submitting her stand in writing, while the Public Commissioner reserved the right to make a statement after hearing the assessee.

Following the consultations, the trial panel decided to reopen the judicial investigation of the case, as well as to accept the request of the assessee for sufficient time to prepare the response. During this time, the assessee shall prepare the responses regarding some clarifying questions of the case rapporteur made during today’s session. To this aim, the hearing was adjourned to take place on 20.12.2021, at 10:00.

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

The Appeal Chamber has registered case (JR) no. 77/2021, dated 13.12.2021, corresponding to the appeal of the assessee Irena Hoxha against decision no. 456, dated 08.10.2021, of the Independent Qualification Commission.

Today, on 16.12.2021, the Appeal Chamber held the lot 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:      Sokol Çomo

Rapporteur:  Ina Rama

Members:      Ardian Hajdari, Natasha Mulaj, Albana Shtylla

The Appeal Chamber has registered case (JR) no. 78/2021, dated 14.12.2021, corresponding to the appeal of the assessee Manjola Bejleri against decision no. 460, dated 20.10.2021, of the Independent Qualification Commission.

Today, on 16.12.2021, the Appeal Chamber held the lot 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:  Rezarta Schuetz

Members:      Sokol Çomo, Ina Rama, Albana Shtylla

On Thursday, 13.01.2022, at 10:00h, the Appeal Chamber shall hold the public hearing of case (JR) no. 12/2020, dated 04.03.2020, corresponding to the appeal of the Public Commissioner against decision no. 224, dated 20.12.2019 of the Independent Commission of Qualification, related to the assessee Astrit Kalaja.

The trial panel of this case consists of judges:

Presiding:      Rezarta Schuetz

Rapporteur:   Sokol Çomo

Members:       Albana Shtylla, Ardian Hajdari, Ina Rama

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

Today, on 17.12.2021, at 09:00 h, the Appeal Chamber opened the hearing in chambers of case (JR) no. 62/2019, dated 12.12.2019, related to the appeal of the assessee Dhurata Haveri against decision no. 197, dated 27.09.2019 of the Independent Qualification Commission.

Due to the lack of the composition of the trial panel for objective reasons, it was decided to adjourn the hearing until 24.01.2022, at 10:00h.

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

Today, on 17.12.2021, at 09:00 h, the Appeal Chamber opened the hearing in chambers of case (JR) no. 62/2019, dated 12.12.2019, related to the appeal of the assessee Dhurata Haveri against decision no. 197, dated 27.09.2019 of the Independent Qualification Commission.

Due to the lack of the composition of the trial panel for objective reasons, it was decided to adjourn the hearing until 24.01.2022, at 10:00h.

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

The Appeal Chamber has registered case (JR) no. 79/2021, dated 15.12.2021, corresponding to the appeal of the assessee Ardian Braho against decision no. 469 dated 01.11.2021, of the Independent Qualification Commission.

Today, on 23.12.2021, the Appeal Chamber held the lot 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:       Rezarta Schuetz

Rapporteur:   Natasha Mulaj

Members:       Sokol Çomo, Ardian Hajdari, Ina Rama

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The Appeal Chamber has registered case (JR) no. 80/2021, dated 16.12.2021, corresponding to the appeal of the assessee Erion Çelaj against decision no. 448 dated 21.09.2021, of the Independent Qualification Commission.

Today, on 23.12.2021, the Appeal Chamber held the lot 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:       Ina Rama

Rapporteur:   Sokol Çomo

Members:       Natasha Mulaj, Rezarta Schuetz, Albana Shtylla

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The Appeal Chamber has registered case (JR) no. 81/2021, dated 20.12.2021, corresponding to the appeal of the assessee Ajola Prençi against decision no. 470 dated 01.11.2021, of the Independent Qualification Commission.

Today, on 23.12.2021, the Appeal Chamber held the lot 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:       Ardian Hajdari

Rapporteur:   Ina Rama

Members:       Natasha Mulaj, Rezarta Schuetz, Albana Shtylla

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The Appeal Chamber has registered case (JR) no. 82/2021, dated 21.12.2021, corresponding to the appeal of the assessee Dritan Gina against decision no. 449 dated 22.09.2021, of the Independent Qualification Commission.

Today, on 23.12.2021, the Appeal Chamber held the lot 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:       Rezarta Schuetz

Rapporteur:   Natasha Mulaj

Members:       Sokol Çomo, Ardian Hajdari, Ina Rama

Upon decision no. 801, dated 20.12.2021, “On an amendment to the Council of Ministers decision no. 929/2010, “On the creation and use of the special fund”, the Council of Ministers decided that the Appeal Chamber employees may receive a bonus that does not exceed the monthly salary level. According to this decision, the financial effect of this remuneration must be covered by the fund that the Chamber had as balance for the staff salaries, according to the 2021 budget.
Be kindly informed that the Appeal Chamber, with the annual budget law for 2021, has been approved a fund for staff salaries less than its needs to pay its employees according to the administrative structure adopted by the Albanian Parliament, such an issue resolved only in October this year.
Under these circumstances, it was impossible that the fund intended for the AC staff salaries had any surpluses, which allowed the possibility of remuneration of judges and all its employees. The relevant executive bodies have been informed by the treasury system, as well as officially by the Appeal Chamber about the situation of the staff salary fund in December 2021. The only surplus in this fund, at the time of approval of the aforementioned decision, was in the amount of ALL 465,000, consequently, without any significant real effect for the AC employees.
Given that this unused fund is insufficient to enable the rewarding of all AC employees, the Meeting of Judges decided to provide no remuneration under this decision of the Council of Ministers to the judges and advisors of the Legal Service Unit. The amount of ALL 465,000 will be divided among the administrative employees of the Appeal Chamber, to the gross amount of ALL 25,833 each.