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.

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  • Announcement
    00:00
    2021.07.01

    On 01.07.2021, the Appeal Chamber held the lot drawing for the substitution of Judge Luan Daci, assigned as presiding judge on the case (JR) no. 61/2019, dated 10.12.2019 corresponding to the appeal of the assessee Luan Hasneziri against decision no.170, dated 26.06.2019 of the Independent Qualification Commission.

    The substitution of Judge Luan Daci was made due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.

    Following the lot, for the appointment of the member judge and then of the presiding judge, the trial panel of the case (JR) no. 61/2019, dated10.12.2019, shall be composed of the following judges:

    Presiding judge:        Ardian Hajdari

    Rapporteur:               Ina Rama

    Members:                  Albana Shtylla, Sokol Çomo, Rezarta Schuetz

    ***

    On 01.07.2021, the Appeal Chamber held the lot drawing for the substitution of Judge Luan Daci, assigned as presiding judge on the case (JR) no. 8/2020, dated 07.02.2020 corresponding to the appeal of the assessee Arben Vrioni against decision no.214, dated 22.11.2019 of the Independent Qualification Commission.

    The substitution of Judge Luan Daci was made due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.

    Following the lot, for the appointment of the member judge and then of the presiding judge, the trial panel of the case (JR) no. 8/2020, dated 07.02.2020, shall be composed of the following judges:

    Presiding judge:        Rezarta Schuetz

    Rapporteur:               Ardian Hajdari

    Members:                   Ina Rama, Natasha Mulaj, Sokol Çomo

    ***

    On Wednesday 21.07.2021, at 13:00, the Appeal Chamber shall review in public hearing the case (JR) no.30/2021 dated 02.06.2021 corresponding to the appeal filed by the Public Commissioner, against decision no. 374, dated 23.04.2021, of the Independent Qualification Commission, related to the assessee Shkëlqim Miri.

    The trial panel for this case, consists of judges:

    Presiding judge: Sokol Çomo

    Rapporteur: Natasha Mulaj

    Members:  Ardian Hajdari, Ina Rama, Rezarta Schuetz

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

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  • Announcement
    00:00
    2021.07.02

    On Wednesday 28.07.2021, at 10:00, the Appeal Chamber shall review in camera the case (JR) no.61/2019 dated 10.12.2019 corresponding to the appeal of the assessee Luan Hasneziri filed against decision no. 170, dated 26.06.2019 of the Independent Qualification Commission.

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

    Presiding judge: Ardian Hajdari

    Rapporteur: Ina Rama

    Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo

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

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  • Announcement of decision
    00:00
    2021.07.06

    The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Rezarta Schuetz case rapporteur Ina Rama and members Albana Shtylla, Ardian Hajdari, Sokol Çomo, announced the decision on the case (JR) no.25/2021, dated 11.05.2021, corresponding to the appeal of the assessee Gramoz Levanaj, against decision no. 365, dated 14.04.2021 of the Independent Qualification Commission.

    In conclusion of the review in camera, 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 trial panel, unanimously, ruled on:

    1. Upholding of decision no. 365, dated 14.04.2021, of the Independent Qualification Commission, corresponding to the assessee Gramoz Levanaj.
    2. This decision is final and effective immediately.

    Announced in Tirana, today, on 06.07.2021.

  • Public hearing
    00:00
    2021.07.06

    Today, on 06.07.2021, at 12:00, the Appeal Chamber held the public hearing of the case (JR) 3/2020, dated 14.01.2020 related to the appeal of the Public Commissioner filed against decision no. 200, dated 16.10.2019, of the Independent Qualification Commission related to the assessee Besim Hajdarmataj.

    While verifying the presence of the parties, the presiding judge communicated that the international observer of the International Monitoring Operation was not present in the hearing;  he had informed the Appeal Chamber that due to objective reasons he would not be able to attend the hearing and requested its adjournement to a more appropriate time.

    In response to this request, the trial panel decided to adjourn the public hearing on 08.07.2020, at 10:00.

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

  • Announcement
    00:00
    2021.07.06

    On Thursday 22.07.2021, at 10:00, the Appeal Chamber shall review in camera the case (JR) no.58/2019 dated 12.11.2019 corresponding to the appeal of the assessee Ilir Mustafaj filed against decision no. 180, dated 18.07.2019 of the Independent Qualification Commission.

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

    Presiding judge: Rezarta Schuetz

    Rapporteur: Natasha Mulaj

    Members: Ardian Hajdari, Ina Rama, Sokol Çomo

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

    ***

    The Appeal Chamber has registered the case (JR) no. 35/2021, dated 29.06.2021 corresponding to the appeal of the assessee Tasim Puci against decision no. 366, dated 05.04.2021 of the Independent Qualification Commission.

    Today on 06.07.2021, 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:  Sokol Çomo, Ina Rama, Rezarta Schuetz

    ***

    The Appeal Chamber has registered the case (JR) no. 36/2021, dated 29.06.2021 corresponding to the appeal of the assessee Dhurata Bilo against decision no. 370, dated 22.04.2021 of the Independent Qualification Commission.

    Today on 06.07.2021, 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:  Natasha Mulaj

    Rapporteur:  Rezarta Schuetz

    Members:  Sokol Çomo, Ardian Hajdari, Ina Rama

    ***

    On Tuesday 27.07.2021, at 10:00, the Appeal Chamber shall review in camera the case (JR) no.8/2020 dated 07.02.2020 corresponding to the appeal of the assessee Arben Vrioni filed against decision no. 214, dated 22.11.2019 of the Independent Qualification Commission.

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

    Presiding judge: Rezarta Schuetz

    Rapporteur: Ardian Hajdari

    Members: Ina Rama, Natasha Mulaj, Sokol Çomo

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

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  • Public hearing
    00:00
    2021.07.07

    Today, on 07.07.2021, at 10:00 h, the Appeal Chamber held 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 Qualification Commission related to the assessee Sokol Ngresi.

    The assessee submitted a preliminary request, through which he stated that according to him, this appeal was filed outside the legal time limit.

    Pursuant to Article 450 of the Civil Procedure Code, the trial panel decided that this request would be considered in the final decision on the case.

    During the submission of the appeal grounds, the Public Commissioner assessed that the assessee has made an inaccurate and insufficient declaration of assets and there is lack of lawful sources of assets. The Public Commissioner requested the amendment of the IQC decision no. 324, dated 11.12.2020, and the dismissal from office of the assessee Sokol Ngresi.

    With regard to certain denunciations, where it is claimed an undisclosed property of the assessee, the Public Commissioner reserved the right to make a statement until the assessee maintains his position and the trial panel states whether it will admit these denunciations as evidence.

    The assessee objected the appeal grounds of the Public Commissioner, and with regard to the denunciations he stated that the claimed ownership contract is forged and fabricated.

    Following the consultations, the trial panel admitted as evidence the denunciations to the account of the assessee, arguing that they have elements that need to be investigated.

    The Public Commissioner requested a further investigation on these denunciations and in response to his request, the trial panel decided:

    1. To request descriptive information and accompanying acts to the A. Construction company regarding the contract no. ***, dated 26.02.2014, the payment receipts claimed in the denunciation as signed by the assessee, as well as information on the current legal status of the property described in the contract, its physical condition and its ownership.

    2. To request additional explanatory information from the Cadaster State Agency, Vlora Local Directorate.

    3. To request information from HIDAACI on the manner and practice followed by this institution for making available the periodic declarations forms to the declaring subjects, for the period 2007 to 2010.

    4. To request information to the company *** shkp regarding a notarial contract concluded between this company and the assessee Sokol Ngresi, its annulment and return of the parties to the previous state.

    Pending the arrival of these responses to the Appeal Chamber, the trial panel decided to adjourn the hearing until 26.07.2021, at 09:00 h.

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

  • Public hearing
    00:00
    2021.07.07

    Today, on 07.07.2021, at 08:30h, the Appeal Chamber held the public hearing of the case (JR) 50/2019, dated 14.10.2019, which corresponds to the appeal of the Public Commissioner against decision no. 190, dated 26.07.2019, of the Independent Qualification Commission related to the assessee Ramiz Lala.

    During the submission of the final conclusions, the Public Commissioner assessed that the shortcomings in the proficiency assessment and assets assessment criteria are not separately sufficient to be found in terms of implementation of the disciplinary measure of dismissal from office of the assessee Ramiz Lala, under Article 61, para 3 and 4 of Law 84/2016.

    Pursuant to Article F, para 7, of the Annex of the Constitution, Article 59, para 4 and Article 66, para 1/a of Law 84/2016, he requests the Appeal Chamber to finally decide to uphold decision no. 190, dated 26.07.2019, with the amendment, the transfer of the administrative case no. 254 decision, dated 14.05.2019 of Gjirokastra Administrative First Instance Court to the competent inspection body, the High Inspector of Justice.

    Following the submission of the final conclusions by the assessee, the presiding judge declared the closure of the judicial investigation of the case. The trial panel decided to withdraw for the final decision, to be announced on 12.07.2021, at 10:00h.

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

  • Announcement
    00:00
    2021.07.07

    On Thursday, 29.07.2021, at 10:00 h, the Appeal Chamber shall review in chambers the case (JR) no. 59/2019 dated 07.12.2019, corresponding to the appeal of the assessee Ardian Ylli against decision no. 182, dated 18.07.2019, of the Independent Qualification Commission.

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

    Presiding:       Ina Rama

    Rapporteur:   Rezarta Schuetz

    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.

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  • Public hearing
    00:00
    2021.07.08

    Today, on 08.07.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) no. 3/2020, dated 14.01.2020 that corresponds to the appeal of the Public Commissioner filed against decision no. 200, dated 16.10.2019, of the Independent Qualification Commission related to the assessee Besim Hajdarmataj.

    The Public Commissioner stated his position regarding the additional acts filed by the assessee in the previous hearing, which were allowed to be taken as evidence by the trial panel.

    The Public Commissioner stated that he stands by the appeal grounds regarding the two re-evaluation criteria: that of proficiency and the asset assessment criteria, as well as the overall evaluation of the case, since, even with the new acts, the assessee fails to prove the opposite of the appeal.

    After the international observer of the International Monitoring Operation addressed some questions to the assessee and commented on the case under review, Mr. Hajdarmataj’s legal representative requested the Appeal Chamber to make available the CD with the full questions and comments of the IMO observer and asked for reasonable time to establish a position on the issues raised by him.

    In response to this request, the presiding judge announced the adjournment of the hearing on 13.07.2021, at 08:30. As there were no requests for additional evidence, the parties shall be prepared to state their final conclusions in the following hearing.

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

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  • Public hearing
    00:00
    2021.07.09

    Announcement

    Today, on 09.06.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 53/2019, dated 25.10.2019, regarding the appeal of the Public Commissioner filed against decision no. 183, dated 19.07.2019 of the Independent Qualification Commission, corresponding to the assessee Petrit Çano.

    Following the preceding hearing, the presiding judge communicated the parties that the Appeal Chamber had received the answers of the CISD, the answers of the Kruja Judicial District Court, as well as a recently filed denunciation with the Appeal Chamber. After the parties confirmed that they had gotten acquainted with the documentation, the trial panel decided to accept the acts as evidence.

    The Public Commissioner stated that based on the updated report submitted by the CISD regarding the background assessment for the assessee pursuant to Article 39 of Law 84/2016, partially declassified, there are data that need to be analyzed at their source.

    Regarding the materials sent by Kruja Judicial District Court, the Public Commissioner reserved the right to express himself after being acquainted with the position of the assessee. The Public Commissioner stated that it is in the Chamber’s view to assess the denunciation filed in the name of the assessee.

    The assessee, through the legal representative, objected to the findings of the CISD report, adding that he could not express specifically on several issues of this report, which he described as being theoretical.

    Regarding the materials sent by Kruja Judicial District Court, the assessee reiterated his position that he has applied the procedural rules in all the practices that he has carried out.

    The assessee objected the claims raised in the denunciation and in support of this position, he filed new acts, and asked the trial panel to accept them as evidence.

    Upon an interim decision, the trial panel pursuant to article Ç, paragraph 4, of the Annex to the Constitution and articles 21 and 22 of law no. 8457, dated 11.02.1999 “On information classified as state secret”, as well as articles 39, paragraph 2; 47 and article 49, paragraph 1, letter c, of law 84/2016, decided:

    – To verify with the reporting institution “Classified Information Directorate” the documentation that contains the data forwarded for the assessee, on which has been drafted the background assessment report, dated 30 June 2021.

    – To request information from the relevant structures for the current status on the treatment of information related to the assessee, forwarded to these structures by the informing institution.

    Also, the trial panel after reviewing the acts submitted by the assessee regarding the denunciation, decided not to initiate investigations, as it does not appear that they contain facts and circumstances that require the initiation of investigation, within the meaning of Article 53 of the law. 84/2016.

    Pending the answers, the trial panel decided to adjourn the public hearing on 21.07.2021, at 11:30.

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

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  • Delivery of judgment
    00:00
    2021.07.12

    The trial panel of the Appeal Chamber, composed of judges, Presiding Judge Sokol Çomo, case rapporteur Ardian Hajdari and members Ina Rama, Natasha Mulaj, Rezarta Schuetz, delivered the judgment on the case (JR) no. 50/2019, dated 14.10.2019, corresponding to the appeal of the Public Commissioner filed against decision no. 190, dated 26.07.2019, of the Independent Qualification Commission related to the assessee Ramiz Lala.

    At the end of the trial, 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 trial panel upon majority votes, ruled on:

    1. Upholding of decision no. 190, dated 26.07.2019 of the Independent Qualification Commission corresponding to the assessee Ramiz Lala.
    2. This decision is final and effective immediately.

    Announced in Tirana, today, on 12.07.2021.

  • Announcement
    00:00
    2021.07.12

    The Appeal Chamber has registered the case (JR) no. 37/2021, dated 07.07.2021 corresponding to the appeal of the assessee Ramazan Avdiu filed against decision no. 381, dated 06.05.2021 of the Independent Qualification Commission.

    Today on 12.07.2021, 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:  Ina Rama

    Rapporteur: Natasha Mulaj

    Members:  Ardian Hajdari, Rezarta Schuetz, Albana Shtylla

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  • Announcement of decision
    00:00
    2021.07.13

     

    The trial panel of the Appeal Chamber, composed of judges, Presiding Judge Albana Shtylla, case rapporteur Rezarta Schuetz and members Ardian Hajdari, Ina Rama, Natasha Mulaj announced the decision on the case (JR) no.54/2019, dated 28.10.2019, corresponding to the appeal of the assessee Alfred Agolli, against decision no. 177, dated 08.07.2019 of the Independent Qualification Commission.

    In conclusion of the review in camera, pursuant to 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 trial panel, upon majority votes, ruled on:

    1. Upholding of decision no. 177, dated 08.07.2019, of the Independent Qualification Commission, corresponding to the assessee Alfred Agolli.
    2. This decision is final and effective immediately.

    Announced in Tirana, today, on 13.07.2021.

  • Public hearing
    00:00
    2021.07.13

    Today, on 13.07.2021, at 08:30, the Appeal Chamber held the public hearing of the case (JR) no. 3/2020, dated 14.01.2020 related to the appeal of the Public Commissioner filed against decision no. 200, dated 16.10.2019, of the Independent Qualification Commission related to the assessee Besim Hajdarmataj.

    The presiding judge informed that, pursuant to Article 302 of the Code of Civil Procedure, the assessee has submitted a request to the Appeal Chamber, through which he requests additional time to prepare for the final conclusions. The presiding judge also communicated that the Public Commissioner has forwarded a denunciation to the Appeal Chamber filed in the name of the assessee and that the assessee is already aware of it.

    The Public Commissioner stated that it is in the Chamber’s view to assess the request of the assessee asking for additional time, while regarding the denunciation, the PC stated that pursuant to Article 4, paragraph 2, of Law 84/2016, it should be considered in the overall assessment of the case, in function of the background assessment criterion.

    During his submissions, the assessee objected to the comments made by the international observer of the International Monitoring Operation in the previous session, while he considered the denunciation not useful for the examination of the case.

    The trial panel, after being acquainted with the original version of the denunciation and after withdrawing for consultation, decided not to take into consideration the denunciation, as it does not contain sufficient elements to be investigated.

    The trial panel decided to accept the request of the assessee for additional time to be prepared for the final conclusions, by adjourning the hearing to 16.07.2021, at 10:30.

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

  • Public hearing
    00:00
    2021.07.13

    Today, on 21.07.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 60/2020, dated 18.12.2020, regarding the appeal of the Public Commissioner filed against decision no. 316, dated 17.11.2020, of the Independent Qualification Commission related to the assessee Ibrahim Hoxha.

    When the presiding judge was verifying the presence of the parties, noticed that the assessee or any of his legal representatives was not present in the courtroom.

    After communicating all of the procedural steps taken by the Appeal Chamber regarding the notification of the assessee on the adjudication of his case with the Appeal Chamber, and given that the assessee did not appear in today’s hearing and has not made any communication with the Chamber through his e-mail address, the trial panel decided:

    To request from the Independent Qualification Commission the assessee’s Vetting declaration, according to annex 2 of law 84/2016, in order to specify the e-mail address declared by the assessee for the purpose of this process and to proceed with the next procedural actions through this email address.

    On this ground, the hearing was adjourned on 13.09.2021, at 10:00.

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

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  • Announcement of decision
    00:00
    2021.07.14

    The trial panel of the Appeal Chamber, composed of judges, Presiding Judge Rezarta Schuetz, case rapporteur Sokol Çomo, and members Ardian Hajdari, Ina Rama, Natasha Mulaj announced the decision on the case (JR) no.52/2019, dated 22.10.2019, corresponding to the appeal of the assessee Valbona Seknaj (Durraj), against decision no. 175, dated 04.07.2019 of the Independent Qualification Commission.

    In conclusion of the review in camera, pursuant to 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 trial panel, unanimously, ruled on:

    1. Upholding of decision no. 175, dated 04.07.2019, of the Independent Qualification Commission, corresponding to the assessee Valbona Seknaj (Durraj).
    2. This decision is final and effective immediately.

    Announced in Tirana, today, on 14.07.2021.

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  • Announcement of decision
    00:00
    2021.07.15

    The trial panel of the Appeal Chamber, composed of judges, Presiding Judge Ardian Hajdari case rapporteur Albana Shtylla and members Ina Rama, Natasha Mulaj, Rezarta Schuetz, announced the decision on the case (JR) no.60/2019, dated 22.11.2019, corresponding to the appeal of the assessee Hysni Vata, against decision no. 195, dated 09.09.2019 of the Independent Qualification Commission.In conclusion of the review in camera, pursuant to 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 trial panel, unanimously, ruled on:

    1. Upholding of decision no. 195, dated 09.09.2019, of the Independent Qualification Commission, corresponding to the assessee Hysni Vata.
    2. This decision is final and effective immediately.

    Announced in Tirana, today, on 15.07.2021.

  • Announcement
    00:00
    2021.07.15

    On 09.07.2021, the Appeal Chamber has registered the case JD no. 6/2021, with applicant Tom Dedaj, and object “Re-opening of the case review”.

    On 15.07.2021, the Appeal Chamber held the lot drawing to assign the rapporteur of the case and members of the Preliminary Review Panel:

    Based on the lot, the preliminary review panel is composed of the following judges:

    Judge: Ina Rama

    Judge: Rezarta Schuetz

    Rapporteur of the case: Ardian Hajdari

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  • Public hearing
    00:00
    2021.07.16

    Today, on 16.07.2021, at 10:30, the Appeal Chamber held the public hearing of the case (JR) no. 3/2020, dated 14.01.2020 related to the appeal of the Public Commissioner filed against the decision no. 200, dated 16.10.2019, of the Independent Qualification Commission related to the assessee Besim Hajdarmataj.

    While submitting the final conclusions, the Public Commissioner stated that he stands by the appeal grounds regarding the two re-evaluation criteria: the proficiency and the asset assessment criteria, as well as the overall assessment of the case, because according to him, the assessee failed to prove the opposite of the appeal. The Public Commissioner stated that, pursuant to paragraph 5, article 61, of law no. 84/2016, the assessee failed to pass the test of the public trust in the justice system.

    Based on the provisions of paragraph 3 and 7 of article F of the Annex of the Constitution, item “b”, paragraph 1, of article 66 of law no. 84/2016, the Public Commissioner asked the Appeal Chamber to rule on the amendment of the decision of the Independent Qualification Commission no. 200, dated 16.10.2019 and dismiss from office the assessee Besim Hajdarmataj.

    While submitting the final conclusions, the assessee and his legal representative objected the appeal grounds filed by the Public Commissioner, considering them unfounded in law, unfair and disproportionate.

    Pursuant to article 66, paragraph 1, item  “a” of law 84/2016 and article 51, of law 49/2012 “On the organization and functioning of administrative courts and adjudication of administrative disputes”, in conclusion requested the Appeal Chamber to uphold the decision of the Independent Qualification Commission no. 200, dated 16.10.2019 and his confirmation in office.

    Following the final conclusions of the parties, the trial panel withdrew to make the final decision, which shall be delivered on 29.07.2021, at 09:00.

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

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  • Public hearing
    00:00
    2021.07.21

    Today, on 21.07.2021, at 10:00, the Appeal Chamber held the public hearing of the case (JR) 60/2020, dated 18.12.2020, regarding the appeal of the Public Commissioner filed against decision no. 316, dated 17.11.2020, of the Independent Qualification Commission related to the assessee Ibrahim Hoxha.

    When the presiding judge was verifying the presence of the parties, noticed that the assessee or any of his legal representatives was not present in the courtroom.

    After communicating all of the procedural steps taken by the Appeal Chamber regarding the notification of the assessee on the adjudication of his case with the Appeal Chamber, and given that the assessee did not appear in today’s hearing and has not made any communication with the Chamber through his e-mail address, the trial panel decided:

    To request from the Independent Qualification Commission the assessee’s Vetting declaration, according to annex 2 of law 84/2016, in order to specify the e-mail address declared by the assessee for the purpose of this process and to proceed with the next procedural actions through this email address.

    On this ground, the hearing was adjourned on 13.09.2021, at 10:00.

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

     

    ***

    Today, on 21.07.2021, at 11:30, 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 decision no. 183, dated 19.07.2019 of the Independent Qualification Commission, corresponding to the assessee Petrit Çano.

    Following the previous hearing, the presiding judge informed that the trial panel has done verifications with the informative institution regarding the documentation containing the data forwarded to the assessee, on which the report dated 30 June 2021 on the background assessment by the Classified Information Security Directorate, as well as has administered the letter forwarded by the relevant structure to the Appeal Chamber regarding the procedural status and treatment of classified information related to the assessee.

    The presiding judge also informed that the Appeal Chamber has received a new denunciation in the name of the assessee, which has been forwarded to the parties.

    Upon his request, the Public Commissioner was acquainted with the minutes kept by the trial panel during the verification of the data on which it was compiled the background assessment report for the assessee, dated 30 June 2021. The Public Commissioner stated that there are so many data in the minutes, and it is impossible to identify the concrete procedural circumstances that would legitimize his request for further investigation into the case. By reasoning that only the trial panel was acquainted with the documentation, the Public Commissioner stated that it is up to the Chamber to decide whether, based on the facts, legal circumstances or evidence administered, there is needed further investigation for the effect of the background assessment for the assessee or not.

    Even the assessee, who was acquainted with the minutes, stated that it is on the Chamber’s view to make a decision whether there will be further investigation in this context or not, because according to him, he can’t identify any data related to the background assessment.

    Regarding the new denunciation, the parties shared the same position, stating that the assessee does not appear to have had a procedural position in the case to which the complainant refers to.

    The presiding judge asked the Public Commissioner if he deems that he should be acquainted with the documentation, on which the background report for the assessee has been compiled.

    Following the response of the Public Commissioner stating that it is on the Chamber’s view to make a decision, the trial panel decided to give to the Public Commissioner a reasonable time to get acquainted with the relevant acts. On these grounds, the hearing was adjourned on 30.07.2021, at 10:00.

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

     

  • Public hearing
    00:00
    2021.07.21

    Today, on 21.07.2021, at 13:00, the Appeal Chamber held the public hearing of the case (JR) 30/2021, dated 02.06.2021, regarding the appeal of the Public Commissioner filed against decision no. 374, dated 23.04.2021 of the Independent Commission of Qualification, related to the assessee Shkëlqim Miri.

    After verifying the presence of the parties, the presiding judge noticed that neither the assessee nor any of his legal representatives was present in the courtroom.

    The trial panel, after ascertaining that the assessee was notified as he should regarding the hearing, had confirmed to being notified and did not submit any reasonable lawful reason for not participating in this trial, decided to continue the examination of the assessee’s case in absentia.

    The Public Commissioner submitted a preliminary request to the trial panel, through which he requested that the appeal against decision no. 374, dated 23.4.2021, of the Independent Qualification Commission, which belongs to the assessee Shkëlqim Miri, be examined after the Appeal Chamber reviews another case that belongs to another assessee.

    The trial panel, after consulting, dismissed the request of the Public Commissioner as unfounded in law.

    Subsequently, the Public Commissioner presented the appeal grounds, requesting the Chamber pursuant to Article 66 of Law no. 84/2016, to rule on either the amendment of paragraph 1 of the operative part of the decision for the assessee Shkëlqim Miri or uphold it.

    The Public Commissioner stated his position before the trial panel that the Independent Qualification Commission should have suspended the decision-making on this case, until the decision was given by the High Court on another criminal case related to the assessee.

    The trial panel, after receiving the confirmation of the Public Commissioner that there were no requests or other evidence, decided to terminate the judicial investigation and invited him to state the final conclusions in the next hearing, which shall take place on 8.09.2021, at 10:00.

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

     

  • Announcement
    00:00
    2021.07.21

    The Appeal Chamber has registered the case (JR) no. 38/2021, dated 14.07.2021 corresponding to the appeal of the assessee Gentiana Xhelili filed against decision no. 369, dated 21.04.2021 of the Independent Qualification Commission.

    Today on 21.07.2021, 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:  Ardian Hajdari

    Rapporteur: Ina Rama

    Members:  Sokol Çomo, Natasha Mulaj, Albana Shtylla

22
  • Announcement of decision
    00:00
    2021.07.22

    The trial panel of the Appeal Chamber, composed of judges, Presiding Judge Rezarta Schuetz, case rapporteur Natasha Mulaj members Ardian Hajdari, Ina Rama, Sokol Çomo, announced the decision on the case (JR) no. 58/2019, dated 12.11.2019, corresponding to the appeal of the assessee Ilir Mustafaj, against decision no. 180, dated 18.07.2019 of the Independent Qualification Commission.

    In conclusion of the review in camera, pursuant to 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 trial panel, upon majority votes, ruled on:

    1. Upholding of decision no. 180, dated 18.07.2019, of the Independent Qualification Commission, corresponding to the assessee Mustafaj.
    2. This decision is final and effective immediately.

    Announced in Tirana, today, on 22.07.2021.

     

23
  • Announcement of decision
    00:00
    2021.07.23

    The trial panel of the Appeal Chamber, composed of judges, Presiding Judge Ardian Hajdari, case rapporteur Albana Shtylla and members Ina Rama, Rezarta Schuetz, Sokol Çomo, announced the decision on the case (JR) no.2/2021, dated 14.01.2021, corresponding to the appeal of the assessee Gentian Lile, filed against decision no. 320, dated 09.12.2020 of the Independent Qualification Commission.

    In conclusion of the review in camera, pursuant to 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 trial panel, unanimoulsy, ruled on:

    1. Upholding of decision no. 320, dated 09.12.2021, of the Independent Qualification Commission, corresponding to the assessee Gentian Lile.
    2. This decision is final and effective immediately.

    Announced in Tirana, today, on 23.07.2021.

24
25
26
  • Public hearing
    00:00
    2021.07.26

    Today, on 26.07.2021, at 09:00, the Appeal Chamber held the public hearing of the case (JR) 12/2021, dated 03.03.2021, regarding the appeal of the Public Commissioner filed against the decision no. 324, dated 11.12.2020, of the Independent Qualification Commission related to the assessee Sokol Ngresi.

    In response to the interim decision of the previous hearing, dated July 7, 2021, the presiding judge communicated that the Appeal Chamber had received the documentation it requested, except for one response from the State Cadaster Agency.

    Contrary to the Public Commissioner, the assessee stated that some of the submitted acts should not have been taken into consideration by the trial panel, as according to him, they did not meet the legal criteria to be accepted as evidence, as they were forged. In this context, the assessee submitted several new acts, and asked the panel to accept them as evidence.

    After being consulted, pursuant to Article 213 of the Code of Civil Procedure and Article 49 of Law 84/2016, the trial panel decided to accept in the quality of evidence the acts delivered to the Appeal Chamber in response to the interim decision of the previous hearing, as well as the acts submitted in today’s hearing by the assessee.

    Pursuant to Article 50, paragraph 6, of Law 84/2016, the trial panel decided to verify the reasons why the State Cadaster Agency did not send the requested information, taking into account the legal responsibility that shall be borne by the relevant institution, in case of non-cooperation.

    The Public Commissioner stated that the claims of the assessee are not supported by any of the acts received by the Appeal Chamber in response to the interim decision of the previous hearing.

    The assessee requested the trial panel to hold a closed hearing, because according to him, for the purpose of the case review, he will submit personal and confidential data that should be analyzed without the presence of the public.

    Regarding this request of the assessee, the trial panel reserved the right to state its position in another moment, after having done the following procedural actions:

    Based on article “Ç”, paragraph 4 of the Annex of the Constitution and article 49, paragraph 1, item “b” of law 84/2016, the trial panel decided:

    – To summon as a witness the citizen F.K and order him to submit some original acts to the Special Appeal Chamber, for the purpose of the case review.

    On these grounds, the court hearing was adjourned to be held on 09.09.2021, at 10:00.

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

  • Announcement
    00:00
    2021.07.26

    The Appeal Chamber has registered the case (JR) no 39/2021, dated 21.07.2021 corresponding to the appeal of the assessee Evjeni Sinojmeri filed against decision no. 378, dated 30.04.2021 of the Independent Qualification Commission.

    Today on 26.07.2021, 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: Sokol Çomo

    Members:  Ardian Hajdari, Natasha Mulaj, Ina Rama

27
  • Camera hearing
    00:00
    2021.07.27

    On Tuesday 27.07.2021, at 10:00, the Appeal Chamber shall review in camera the case (JR) no.8/2020 dated 07.02.2020 corresponding to the appeal of the assessee Arben Vrioni filed against decision no. 214, dated 22.11.2019 of the Independent Qualification Commission.

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

    Presiding judge: Rezarta Schuetz

    Rapporteur: Ardian Hajdari

    Members: Ina Rama, Natasha Mulaj, Sokol Çomo

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

28
  • Camera hearing
    00:00
    2021.07.28

    On Wednesday 28.07.2021, at 10:00, the Appeal Chamber shall review in camera the case (JR) no.61/2019 dated 10.12.2019 corresponding to the appeal of the assessee Luan Hasneziri filed against decision no. 170, dated 26.06.2019 of the Independent Qualification Commission.

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

    Presiding judge: Ardian Hajdari

    Rapporteur: Ina Rama

    Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo

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

  • Announcement of decision
    09:19
    2021.07.28

    The trial panel of the Appeal Chamber, composed of judges, Presiding Judge Ardian Hajdari, case rapporteur Ina Rama and members Albana Shtylla, Rezarta Schuetz, Sokol Çomo, announced the decision on the case (JR) no.61/2019, dated 10.12.2019, corresponding to the appeal of the assessee Luan Hasneziri, filed against decision no. 170, dated 26.06.2019 of the Independent Qualification Commission.

    In conclusion of the review in camera, pursuant to 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 trial panel, unanimously, ruled on:

    1. Upholding of decision no. 170, dated 26.06.2019, of the Independent Qualification Commission, corresponding to the assessee Luan Hasneziri.
    2. This decision is final and effective immediately.

    Announced in Tirana, today, on 28.07.2021.

  • Announcements
    14:06
    2021.07.28

    On Tuesday 27.07.2021, the Appeal Chamber reviewed in camera the case no. (JR) 8/2020, dated 07.02.2020, corresponding to the appeal of the assessee Arben Vrioni filed against decision no. 214, dated 22.11.2019 of the Independent Qualification Commission.

    Following the review of the case, pursuant to article F, paragraph 3 of the Annex to Constitution and article 51, paragraph 1, item “b” of law no.49/2012 on “Administrative Courts and Adjudication of Administrative Disputes” as amended, the trial panel decided to adjudicate the case in public hearing, on Wednesday 15.09.2021, at 10:00.

    The decision to adjudicate the case in public hearing was made to guarantee to the assessee Arben Vrioni the protection of the fundamental rights regarding the examination of his case.

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

    Presiding judge: Rezarta Schuetz

    Rapporteur: Ardian Hajdari

    Members:  Ina Rama, Natasha Mulaj, Sokol Çomo

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

     

    *********************************

     

    Announcement

    The Appeal Chamber has registered the case (JR) no. 40/2021, dated 23.07.2021 2021 corresponding to the appeal filed by the Public Commissioner against decision no. 393, dated 03.06.2021 of the Independent Qualification Commission related to the assessee Gerd Hoxha.

    Today on 28.07.2021, 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: Rezarta Schuetz  

    Rapporteur: Albana Shtylla  

    Members:  Sokol Çomo, Natasha Mulaj, Ina Rama

     

    *********************************

     

    Announcement

    The Appeal Chamber has registered the case (JR) no. 41/2021, dated 23.07.2021 corresponding to the appeal of the assessee Kolë Hysenaj filed against decision no. 368, dated 19.04.2021 of the Independent Qualification Commission.

    Today on 28.07.2021, 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: Rezarta Schuetz  

    Rapporteur: Albana Shtylla  

    Members:  Sokol Çomo, Natasha Mulaj, Ina Rama

29
  • Camera Hearing
    00:00
    2021.07.29

    On Thursday, 29.09.2021, at 10:00 h, the Appeal Chamber shall review in chambers the case (JR) no. 56/2019 dated 07.12.2019, corresponding to the appeal of the assessee Ardian Ylli against decision no. 182, dated 18.07.2019, of the Independent Qualification Commission.

     

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

    Presiding:       Ina Rama

    Rapporteur:   Rezarta Schuetz

    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.

  • Announcement of decision
    09:35
    2021.07.29

    The trial panel of the Appeal Chamber, composed of judges, Ina Rama, presiding, Rezarta Schuetz, rapporteur, Ardian Hajdari, Natasha Mulaj, Sokol Çomo members, announced the decision on case (JR) no. 56/2019, dated 07.11.2019, related to the appeal of the assessee Ardian Ylli against the decision of the Independent Qualification Commission no. 182, dated 18.07.2019.

    At the end of the trial in chambers, the trial panel, pursuant to Article 66, paragraph 1/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 the decision of the Independent Qualification Commission no. 182, dated 18.07.2019, related to the assessee Ardian Ylli.

     

    1. This decision is final and effective immediately.

    Announced in Tirana, today on 29.07.2021.

  • Public Hearing
    15:28
    2021.07.29

    Today, on 29.07.2021, at 09:00h, the Appeal Chamber held the public hearing of case (JR) 3/2020, dated 14.01.2020, related to the appeal of the Public Commissioner against decision no. 200, dated 16.10.2019, of the Independent Qualification Commission related to the assessee Besim Hajdarmataj.

    The presiding judge informed that after closing the main trial on 16.07.2021, the trial panel withdrew for making the decision on the case. During the deliberations, the trial panel decided to revoke the interim decision dated 16.07.2021 to close the judicial investigation and reopen it, in order to obtain information from the Independent Qualification Commission, forwarded to it by Vodafone Albania, through a letter dated 26.04.2019, in view of the judicial review of the case.

    The presiding judge informed that due to this reason, the hearing will be postponed until 03.08.2021, at 9:00 h. The parties shall submit at this hearing their views on the document, if it will be made available to them in advance by the Chamber.

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

30
  • Public Hearing
    00:00
    2021.07.30

    Today, on 21.07.2021, at 11:30, 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 decision no. 183, dated 19.07.2019 of the Independent Qualification Commission, corresponding to the assessee Petrit Çano.

    Following the previous hearing, the presiding judge informed that the trial panel has done verifications with the informative institution regarding the documentation containing the data forwarded to the assessee, on which the report dated 30 June 2021 on the background assessment by the Classified Information Security Directorate, as well as has administered the letter forwarded by the relevant structure to the Appeal Chamber regarding the procedural status and treatment of classified information related to the assessee.

    The presiding judge also informed that the Appeal Chamber has received a new denunciation in the name of the assessee, which has been forwarded to the parties.

    Upon his request, the Public Commissioner was acquainted with the minutes kept by the trial panel during the verification of the data on which it was compiled the background assessment report for the assessee, dated 30 June 2021. The Public Commissioner stated that there are so many data in the minutes, and it is impossible to identify the concrete procedural circumstances that would legitimize his request for further investigation into the case. By reasoning that only the trial panel was acquainted with the documentation, the Public Commissioner stated that it is up to the Chamber to decide whether, based on the facts, legal circumstances or evidence administered, there is needed further investigation for the effect of the background assessment for the assessee or not.

    Even the assessee, who was acquainted with the minutes, stated that it is on the Chamber’s view to make a decision whether there will be further investigation in this context or not, because according to him, he can’t identify any data related to the background assessment.

    Regarding the new denunciation, the parties shared the same position, stating that the assessee does not appear to have had a procedural position in the case to which the complainant refers to.

    The presiding judge asked the Public Commissioner if he deems that he should be acquainted with the documentation, on which the background report for the assessee has been compiled.

    Following the response of the Public Commissioner stating that it is on the Chamber’s view to make a decision, the trial panel decided to give to the Public Commissioner a reasonable time to get acquainted with the relevant acts. On these grounds, the hearing was adjourned on 30.07.2021, at 10:00.

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

     

  • Announcement
    13:51
    2021.07.30

    The Appeal Chamber has registered the case (JR) no. 42/2021, dated 27.07.2021 corresponding to the appeal of the Public Commissioner against decision no. 363, dated 01.04.2021 of the Independent Qualification Commission related to the assessee Elisabeta Imeraj.

    Today on 30.07.2021, the Appeal Chamber draw the lot to assign the trial panel, the Presiding judge and the case Rapporteur.

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

    Presiding judge: Ardian Hajdari

    Rapporteur: Rezarta Schuetz

    Members:  Sokol Çomo, Ina Rama, Albana Shtylla

31
August

Calendar info


 

 Announcement

    

 Public hearing

 

 Decision day

 

 Camera hearing

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.

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