Home Page

On 30.04.2021, the appellant Bujar Memia, has lodged with the Appeal Chamber the case (JD) no.3/2021 with interested party: the High Inspectorate of Justice, having as object “Annulment of decision no. 81, dated 31 March 2021 “On the disciplinary measure imposed against prosecutor Bujar Memia”, of the High Prosecution Council”.

On 05.05.2021, the Appeal Chamber held the lot to assign the rapporteur and the members of the preliminary review panel:

Based on the lot, the members of the Appeal Chamber for the preliminary review are as follow:

Judge: Ardian Hajdari

Judge: Rezarta Schuetz

Case rapporteur: Natasha Mulaj

On Monday 21.06.2021, at 10:00, the Appeal Chamber shall review in public hearing the case (JR) no.3/2020 dated 14.01.2020 related to the appeal filed by the Public Commission against decision no. 200, dated 16.10.2019 of the Independent Qualification Commission, corresponding to the assessee Besim Hajdarmataj.

The trial panel for the review of this case is composed of:

Presiding judge: Rezarta Schuetz

Rapporteur: Ardian Hajdari

Members:  Albana Shtylla, Ina Rama, Sokol Çomo

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

On Wednesday 02.06.2021, at 10:00, the Appeal Chamber shall review in public hearing the case (JR) no.50/2019 dated 14.10.2019 related to the appeal filed by the Public Commission against decision no. 190, dated 26.07.2019 of the Independent Qualification Commission, corresponding to the assessee Ramiz Lala.

The trial panel for the review of this case is composed of:

Presiding judge: Sokol Çomo

Rapporteur: Ardian Hajdari

Members:  Ina Rama, Natasha Mulaj, Rezarta Schuetz

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

Announcement

Today, on 11.05.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 28/2020, dated 10.07.2020, regarding the appeal of the Public Commissioner filed against decision no. 231, dated 29.01.2020, of the Independent Qualification Commission corresponding to the assessee Anton Martini.

Following the previous hearing, the presiding judge informed the litigants that the Appeal Chamber had received the documentation they requested from the General Prosecutor’s Office, the Prosecutor’s Office at First Instance Court of Fier, and the Prosecutor’s Office at First Instance Court of Shkodra. The litigants confirmed that they had gotten acquainted with the documentation that the Appeal Chamber has delivered to them and assessed formally, the acts were in the form required by law.

Regarding the content of the documentations, the Public Commissioner stated that the information received was not exhaustive in the framework of the judicial investigation initiated by the Appeal Chamber regarding the denunciations filed in the name of the assessee.

Referring to the new documentation, the assessee objected the claims raised in the public denunciations, considering them intentional and biased defamations. Attached to his submission, the assessee submitted decision no. 467, dated 19.11.2018 of the First Instance Court of Fier, which he requested to be taken as evidence by the trial panel.

Following the consultation, by an intermediate decision, the trial panel decided:

– To accept as evidence the decision submitted today, with no. 467 dated 19.11.2018 of the First Instance Court of Fier, pursuant to Article 45 of Law 84/2016.

– To request from the Prosecution against Corruption and Organized Crime the acts and a copy of the page of the register, in which is documented the forwarding of the investigative file for the case with no. 286 of 2013, against the defendant D.Z.

– To request from the Prosecution at the First Instance Court of Fier, the acts and a copy of the page of the register, in which is documented the forwarding of the investigative file with no. 286 of 2013, against the defendant D. Z.

– To request from the Court of Appeals of Vlora, copies of the minutes of the court hearings held in the period from 09.03.2015 to 16.06.2015, of the case that was concluded with the court decision no. 467, dated 19.11.2018, of the First Instance Court of Fier.

The trial panel deems that if this decision will be needed to be implemented, pursuant to the requirements of Article Ç, paragraph 4 of the Annex of the Constitution, the Legal Service Unit will be in charge to carry out all the necessary verifications.

In the framework of the cooperation, the trial panel invited the assessee to provide his contribution for the clarification of the facts and circumstances that were settled today.

Pending the administration of the above documentation, the trial panel decided to adjourn the hearing on 27 May 2021, at 10:00 h.

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

The trial panel of the Appeal Chamber, composed of judges, Presiding Judge Albana Shtylla, case rapporteur Ardian Hajdari and members Ina Rama, Natasha Mulaj, Rezarta Schuetz, delivered the judgment on the case (JR) no.55/2019 dated 29.10.2019, corresponding to the appeal of the Public Commissioner against decision no. 173, dated 01.07.2019 of the Independent Qualification Commission related to the assessee Artan Madani.

In conclusion of the adjudication, pursuant to Article 66, paragraph 1, item “b” of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the trial panel unanimously, ruled on:

1. Amendment of decision no. 173, dated 01.07.2019 of the Independent Qualification Commission and dismissal from office of the assessee Artan Madani.
2. This decision is final and effective immediately.

Announced in Tirana, today, on 12.05.2021.

On Wednesday 23.06.2021, at 10:00, the Appeal Chamber shall review in camera the case (JR) no. 49/2019 dated 09.10.2019 corresponding to the appeal of the assessee Alketa Nushi against decision no. 172, dated 27.06.2019 of the Independent Qualification Commission.

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

Presiding judge: Ina Rama

Rapporteur: Natasha Mulaj

Members: Albana Shtylla, Ardian Hajdari, Rezarta Schuetz

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

Today, on 14.05.2021, at 10:30, the Appeal Chamber held the public hearing of the case (JR) 53/2019, dated 25.10.2019, related to the appeal of the Public Commissioner filed against the decision of the Independent Commission of Qualification no. 183, dated 19.07.2019, corresponding to the assessee Petrit Çano.

Following the previous hearing, during which the Public Commissioner stated the appeal grounds and requested the opening of the judicial investigation, and the assessee stated his objections and requested that new evidence be collected, the trial panel, after being consulted, upon an interim decision, decided:

• To declare the opening of the judicial investigation of the case pursuant to Article F, paragraph 3 of the Annex of the Constitution, Articles 41, paragraph 4, 43, paragraph 4 and 45 of Law no. 84.2016.
• To allow the collection of the new evidence submitted by the assessee during the hearing of 27.04.2021, based on Article 49, paragraph 1 of Law no. 84.2016.
• For the purpose of the judicial investigation, to request additional documentation and information from the following institutions: General Directorate of Taxes, Central Directorate of State Cadastre Agency, Prosecution at the First Instance Court Berat, Prosecution at the First Instance Court Kruja, Kruja Judicial District Court and the Classified Information Security Directorate.
• To investigate and verify pursuant to Article 53 of Law no. 84/2016, the denunciation submitted to the Appeal Chamber by the citizen R. Sh., requesting data from: State Agency of Cadastre Gjirokastra, Directorate of Water Supply and Sewerage Gjirokastra, Vlora and Lushnja.

Pending the administration of this documentation, the trial panel decided to adjourn the public hearing on 3.06.2021, at 10:00.

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

Today, on 19.05.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 46/2019, dated 25.09.2019, regarding the appeal of the Public Commissioner filed against the decision no. 161, dated 18.06.2019, of the Independent Qualification Commission related to the assessee Kastriot Selita.

The presiding judge informed that the Appeal Chamber had received the additional documentation from the Directorate of Tax Appeals and had forwarded them to the litigants in the court proceedings. After the litigants confirmed that they had gotten acquainted with the documentation, in fulfillment of the tasks assigned by the trial panel in the previous hearing, the assessee stated his position regarding his living expenses for years 1997-1999.

When questioned by the presiding judge, the litigants stated that they had no further requests regarding the adjudication process, then the trial panel declared the conclusion of the judicial investigation of the case and invited the parties to state their final conclusions.

While stating his final conclusions, and being aware of the position of the assessee on the living expenses for years 1997-1999, the Public Commissioner stated that even with the new evidence, the assessee failed to prove his claims and he failed to change the factual  situation of the case, regarding his assets and denunciations of the public. He deemed that the assessee lacks the financial sources, fails to justify upon lawful sources his income and those of his related person, and has made inaccurate and lack of full disclose regarding his assets.

The Public Commissioner asked the Appeal Chamber to state its position on the proficiency of the assessee and on the overall evaluation of the case and requested the amendment of decision no. 161, dated 18.06.2019, of the Independent Qualification Commission and dismissal of the assessee Kastriot Selita from office.

While stating his final conclusions, the assessee objected the statements of the Public Commissioner, stating that the latter is rejecting the facts and evidence submitted with the Appeal Chamber. Regarding the denunciations, the assessee stated that they are untrue, unjustified and unfounded in law.

The assessee asked the Appeal Chamber to uphold decision no. 161, dated 18.06.2019, of the Independent Qualification Commission for its paragraph 1, and amendment of the decision for its paragraph 2, by ruling on the confirmation in office for this paragraph as well.

Following the final conclusions of the litigants, the trial panel withdrew to make the final judgment, which shall be delivered on 31.05.2021, at 13.00.

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

The Appeal Chamber has registered the case (JR) no. 26/2021, dated 17.05.2021 corresponding to the appeal of the Public Commissioner filed against decision no. 344, dated 11.02.2021 of the Independent Qualification Commission related to the assessee Marinela Osmani (Nuni).

Today on 20.05.2021, the Appeal Chamber held the lot drawing to assign the trial panel, the Presiding judge and the Rapporteur of the case.

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

Presiding judge:     Albana Shtylla

Rapporteur:        Ardian Hajdari

Members:       Ina Rama, Natasha Mulaj, Rezarta Schuetz

On Monday, on 17.05.2021, at 10:00, the Appeal Chamber held the hearing in camera of the case (JR) no. 31/2019 dated 13.06.2019 corresponding to the appeal of the assessee Irma Balli against decision no. 109, dated 19.02.2019 of the Commission of Independent of Qualification.

The trial panel, composed of judges, Rezarta Schuetz presiding judge, Sokol Çomo case rapporteur, and Ardian Hajdari, Ina Rama, Natasha Mulaj members, decided to adjourn the review of the case in camera on Tuesday 25 May 2021, at 10:00, pending the results of the administrative investigation by the Independent Qualification Commission.

The hearing in camera shall take place at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

On 21.05.2021, the appellant Enkeleida Hoxha, has lodged with the Appeal Chamber the case JD no.4/2021, date 21.05.2021, with object: “Annulment of decision no. 92, dated 17.03.2021 of the High Judicial Council as it does not comply with the Constitution of the Republic of Albania”.

On 25.05.2021, the Appeal Chamber held the lot drawing to assign the rapporteur and the members of the preliminary review panel:

Based on the lot, the members of the Appeal Chamber for the preliminary review are as follow:

Judge: Ina Rama

Judge: Natasha Mulaj

Case rapporteur: Albana Shtylla

Today, on 25.05.2021, the Appeal Chamber held the review in camera of the case (JR) no. 31/2019, dated 13.06.2019, corresponding to the appeal of the assessee Irma Balli filed against decision no. 109, dated 19.02.2019, of the Independent Qualification Commission.

Following the review of the case, pursuant to Article F, paragraph 3 of the Annex of the Constitution, Article 4, paragraph 5 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as pursuant to Article 51, paragraph 1, of Law no. 49/2012 “On the Administrative Courts and Administrative Disputes”, as amended, the trial panel decided to transfer the review of the case in a public hearing, on Thursday, 10.06.2021, at 09:00.

The decision to review the case in a public hearing was made to give the assessee Irma Balli the opportunity to be heard and defended with regard to her case.

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

Presiding judge: Rezarta Schuetz

Rapporteur: Sokol Çomo

Members: Ardian Hajdari, Ina Rama, Natasha Mulaj

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

Today, on 27.05.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 28/2020, dated 10.07.2020, corresponding to the appeal of the Public Commissioner filed against decision no. 231, dated 29.01.2020, of the Independent Qualification Commission related to the assessee Anton Martini.

Following the previous hearing, the presiding judge informed the litigants regarding the documentation received from the Special Prosecution against Corruption and Organized Crime, the Prosecution at First Instance Court Fier and the Vlora Court of Appeals, at the request of the Appeal Chamber.

After the presiding judge informed that the Appeal Chamber had received a new denunciation addressed to the assessee, which was also forwarded to the litigants, to the Public Commissioner and to the assessee who confirmed that had received the entire documentation.

Upon consultation on the spot, the trial panel decided to accept as evidence the documentation that the Appeal Chamber had received from the institutions and invited the litigants to state their position regarding the new evidence.

Based on Article F, paragraph3 and 7 of the Annex to the Constitution and Article 66 of Law 84/2016, the Public Commissioner stated that even after the new evidence, he continues to stand by his request by his appeal grounds, as well as by his submissions stated in previous hearing held at the Appeal Chamber premises.

The assessee stated his objections regarding the submissions of the Public Commissioner, calling his qualifications and conclusions incorrect, untrue and inaccurate.

After the parties, asked by the presiding judge, stated that they had no additional requests and other evidence for the purpose of the adjudication, the trial panel decided to conclude the judicial investigation of the case and invited the litigants to submit their final conclusions in the following hearing which shall takes place on 01.06.2021, at 10:00.

Based on the current procedures of court hearings, according to which the litigants submit their final conclusions in the same hearing, the trial panel did not accept the request of the assessee to state their submission, two days after the submission of the conclusions by the Public Commissioner.

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

On Wednesday 07.07.2021, at 10:00, the Appeal Chamber shall review in public hearing the case (JR) no.12/2021 dated 03.03.2021 corresponding to the appeal of the Public Commissioner filed against decision no. 324, dated 11.12.2020, of the Independent Qualification Commission related to the assessee Sokol Ngresi.

The trial panel for this case, consists of judges:

Presiding judge: Albana Shtylla

Rapporteur: Ina Rama

Members: Natasha Mulaj, Rezarta Schuetz, Sokol Çomo

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