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10 - Public hearing
10:00 -13:00 2022.01.10 Today, on 10.01.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 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. Given that the trial panel was not formed due to objective reasons, it was decided to adjourn the hearing until 21.01.2022, at 10:00. The public hearing will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
10:00 -12:35 2022.01.10 The Appeal Chamber has registered case (JR) no. 83/2021, dated 24.12.2021, corresponding to the appeal of the assessee Semiramis Hoxholli against decision no. 452 dated 24.09.2021, of the Independent Qualification Commission, corrected by IQC decision no. 452/1, dated 02.12.2021. Today, on 10.01.2022, 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: Albana Shtylla Rapporteur: Ardian Hajdari Members: Sokol Çomo, Ina Rama, Rezarta Schuetz The Appeal Chamber has registered case (JR) no. 84/2021, dated 29.12.2021, corresponding to the appeal of the assessee Ermir Lelçi against decision no. 465 dated 28.10.2021, of the Independent Qualification Commission. Today, on 10.01.2022, 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: Albana Shtylla Members: Natasha Mulaj, Ina Rama, Rezarta Schuetz The Appeal Chamber has registered case (JR) no. 85/2021, dated 30.12.2021, corresponding to the appeal of the assessee Nazmi Troka against decision no. 472 dated 04.11.2021, of the Independent Qualification Commission. Today, on 10.01.2022, 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: Albana Shtylla Rapporteur: Ardian Hajdari Members: Sokol Çomo, Natasha Mulaj, Rezarta Schuetz ********** The Appeal Chamber has registered case (JR) no. 86/2021, dated 30.12.2021, corresponding to the appeal of the assessee Saemira Hila against decision no. 473 dated 05.11.2021, of the Independent Qualification Commission. Today, on 10.01.2022, 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: Albana Shtylla Members: Sokol Çomo, Ina Rama, Rezarta Schuetz
| 11 - Public hearing
10:00 -13:00 2022.01.11 Today, on 11.01.2022, at 10:00, the Appeal Chamber held the public hearing of 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 Qualification Commission. Given that the trial panel was not composed due to objective reasons, it was decided to adjourn the hearing until 18.01.2022, at 11:00. The public hearing will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana
| 12 - Chamber Hearing
10:00 -13:00 2022.01.12 Today, on 12.01.2022, at 10:00, the Appeal Chamber held the hearing in chambers of case (JR) no. 5/2020, dated 20.01.2020, corresponding to the appeal of the assessee Brunilda Malo (Orhani) against decision no. 206, dated 07.11.2019 of the Independent Qualification Commission. Given that the trial panel was not composed due to objective reasons, it was decided to adjourn the hearing until 28.01.2022, at 10:00. The hearing in chambers will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
10:00 -12:34 2022.01.12 The Appeal Chamber has registered case (JR) no. 01/2022, dated 05.01.2022, corresponding to the appeal of the assessee Klorinda Çela against decision no. 464 dated 28.10.2021, of the Independent Qualification Commission. Today, on 12.01.2022, 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: Ardian Hajdari, Natasha Mulaj, Albana Shtylla
| 13 - Public hearing
10:00 -17:00 2022.01.13 Today, on 13.01.2022, at 10:00, the Appeal Chamber held 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 Qualification Commission, related to the assessee Astrit Kalaja. Due to the lack of full composition of the trial panel for objective reasons, it was decided to adjourn the hearing on 25.01.2022, at 09:00. The public hearing will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
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17 - Public hearing
10:00 -14:00 2022.01.17 Today, on 17.01.2022, at 10:00, the Appeal Chamber held the public plenary hearing of case (JD) no.2/2021, dated 26.03.2021, corresponding to the appeal of the petitioner Markelian Kuqo, against decision no. 633, dated 10.12. 2020 of the High Judicial Council, “On the imposition of a disciplinary measure against judge Markelian Kuqo”, and interested parties, the High Judicial Council and the High Inspector of Justice. The presiding judge informed that the High Judicial Council, meeting the tasks assigned by the Chamber in the previous hearing, had submitted the file containing all the acts administered and created in view of the disciplinary proceedings, but the appellant Markelian Kuqo had officially notified that due to health reasons he could make his appearance before the Chamber to be acquainted with the acts. Due to the absence of the appellant Markelian Kuqo for objective reasons in today’s hearing, and due as well to the absence of the judge rapporteur of the case for objective reasons, the trial panel decided to adjourn the court hearing until 15.02.2022, at 10:00. The public hearing will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no.3, Tirana. - Announcement
12:00 -13:00 2022.01.17 The Appeal Chamber has registered case (JR) no. 2/2022, dated 10.01.2022, corresponding to the appeal of the assessee Ariola Kristo against decision no. 438 dated 10.09.2021, of the Independent Qualification Commission. Today, on 17.01.2022, 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, Ina Rama, Albana Shtylla ****************************** The Appeal Chamber has registered case (JR) no. 3/2022, dated 13.01.2022, corresponding to the appeal of the assessee Skënder Damini against decision no. 485 dated 14.12.2021, of the Independent Qualification Commission. Today, on 17.01.2022, 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: Sokol Çomo Members: Natasha Mulaj, Ina Rama, Albana Shtylla
| 18 - Public Hearing
11:00 -13:19 2022.01.18 Today, on 18.01.2022, at 11:00, the Appeal Chamber held the public hearing of 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 Qualification Commission. Due to the trial panel’s failure to be formed for objective reasons, the hearing was adjourned on January 26, at 10:00 a.m. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 19 - Public hearing
10:00 -13:00 2022.01.19 Today, on 19.01.2022, at 10:00, the Appeal Chamber held the public plenary hearing of case (JD) no. 3/2021, dated 30.04.2021, pertaining to the appeal of the appellant Bujar Memia against the High Prosecutorial Council decision no. 81, dated 31.03. 2021 “On imposing a disciplinary measure against prosecutor Bujar Memia”, and interested parties, the High Inspectorate of Justice (HIJ) and the High Prosecutorial Council (HPC). Following the verification of the presence of the parties, the presiding judge, given the absence of one judge for objective reasons, requested the parties to state their position with regard to the continuation of the proceedings. The appellant, Mr. Bujar Memia and the representatives of the High Prosecutorial Council requested an adjournment of the hearing, while the representatives of the High Inspector of Justice stated that they leave the decision on the continuation of the proceedings to the court’s discretion. After being consulted, to guarantee that all Appeal Chamber judges participate in the adjudication of this case, the Chamber decided to adjourn the hearing on February 17, 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.
| 20 - Public hearing
10:00 -13:00 2022.01.20 Today, on 20.01.2022, at 10:00, the Appeal Chamber held the public plenary hearing of case (JD) no. 4/2021, dated 21.05.2021, pertaining to the appeal of the appellant Enkeleida Hoxha against decision no. 92, dated 17.03. 2021 of the High Judicial Council, with interested parties, the High Judicial Council (HJC) and the High Inspector of Justice (HIJ). The appellant Enkeleida Hoxha, when questioned by the presiding judge, stated her consent that her lawyer, Mr. Ardian Visha represents her in her presence and absence. The presiding judge, in view of the tasks assigned by the Chamber in the previous hearing, held on December 15, 2021, informed the court that the High Judicial Council had forwarded to the Chamber the complete file containing all the acts administered and created for the purposes of the disciplinary proceedings, on the basis of which HJC issued decision no. 92, dated 17.03.2021. Upon the arrival of the file, the AC had requested the appellant to appear at the Chamber to be acquainted with the acts, but Ms. Hoxha had officially replied that due to health reasons it was impossible to her. The presiding judge made also known that neither the lawyer had responded to the Chamber’s repeated requests to be acquainted with the file. Subsequently, when requested by the presiding judge whether there was any preliminary request, the appellant requested to be acquainted with the acts in their entirety and a copy of them be made available to her. The High Judicial Council representative, stating his position on this request, held that it is the right of the appellant to be acquainted with the acts, while the High Inspector of Justice representatives stated that they leave the decision on the request to the court discretion. After withdrawing for consultation, the panel decided to accept the appellant’s request to make available a copy of the acts, in compliance with the procedural provisions, taking however into account the identification that the petitioner herself would make of the acts assessed by her as necessary to guarantee the right of defense during this trial. To the purpose of making possible the conduct of such actions, the Chamber decided to adjourn the hearing until February 21, 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.
| 21 - Public hearing
10:00 -15:00 2022.01.21 Today, on 21.01.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 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. Since the trial panel was not formed due to objective reasons, it was decided to adjourn the hearing on 27.01.2022, at 10:00. The public hearing will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
11:00 -12:00 2022.01.21 Today, on 21.01.2022, the Appeal Chamber held the lot for the replacement of Judge Luan Daci, appointed as member in the case (JR) no. 20/2020, dated 17.06.2020, pertaining to the appeal of the assessee Fatri Islamaj against decision no. 220, dated 10.12.2019 of the Independent Qualification Commission. Following the draw, Judge Luan Daci was replaced by Judge Albana Shtylla. The replacement of Judge Luan Daci was due to his dismissal from office upon decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber. Finally, the trial panel of the case (JR) no.20/2020, dated 17.06.2020, shall have the following composition: Presiding: Sokol Çomo Rapporteur: Natasha Mulaj Members: Ardian Hajdari, Ina Rama, Albana Shtylla ***************************************************************** Today, on 21.01.2022, the Appeal Chamber held the lot for the replacement of Judge Luan Daci, appointed as panel member in the case (JR) no. 26/2020, dated 01.07.2020, pertaining to the appeal of the assessee Edmond Hyka against decision no. 223, dated 20.12.2019 of the Independent Qualification Commission. Following the draw, Judge Luan Daci was replaced by Judge Albana Shtylla. The replacement of Judge Luan Daci was due to his dismissal from office upon decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber. Finally, the trial panel of the case (JR) no. 26/2020, dated 01.07.2020, shall have the following composition: Presiding: Rezarta Schuetz Rapporteur: Sokol Çomo Members: Ardian Hajdari, Albana Shtylla, Natasha Mulaj
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24 - Chamber hearing
10:00 -13:00 2022.01.24 On 24.01.2022 the Appeal Chamber held the hearing in camera of case (JR) no. 62/2019, dated 12.12.2019, pertaining to the appeal of the assessee Dhurata Haveri against decision no. 197, dated 27.09.2019 of the Independent Qualification Commission. After considering the case, based on Article 51, para 1 (b) of Law no. 49/2012 “On administrative courts and administrative disputes”, as amended, the trial panel decided to review the case in a public hearing, on 08.02.2022, at 10:00. The trial in public hearing was decided in order to ascertain the factual situation of the case in the presence of the assessee, as well as the summoning of a witness. The trial panel of this case consists of judges: Presiding: Sokol Çomo Rapporteur: Albana Shtylla Members: Ardian Hajdari, Natasha Mulaj, Rezarta Schuetz The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 25 - Public hearing
09:00 -13:00 2022.01.25 Today, on 25.01.2022, at 09:00, the Appeal Chamber held the public hearing of case (JR) 12/2020, dated 04.03.2020, pertaining to the appeal of the Public Commissioner against decision no. 224, dated 20.12.2019, of the Independent Qualification Commission, related to the assessee Astrit Kalaja. The Public Commissioner, during the submission of the appeal grounds, stated that the assessee has made an inaccurate, insufficient, incomplete disclosure for the asset assessment and that he fails to justify his assets with legitimate sources. The Public Commissioner requested the amendment of decision no. 224, dated 20.12.2019 of the Independent Qualification Commission and the dismissal from office of the assessee Astrit Kalaja. The legal representative of the assessee objected the appeal grounds of the Public Commissioner as unfounded in law and evidence and stated that the assets of Mr. Astrit Kalaja are justified by legitimate sources. The assessee filed attached to his submissions several acts included in the case file, which he requested to be admitted by the panel as evidence. Following consultations, the trial panel decided to accept the acts as evidence. Once the parties stated that they had no additional requests, the trial panel decided to close the judicial investigation of the case and invited the parties to submit their final conclusions. The Public Commissioner, while arguing that the accepted acts are already acknowledged, as they are part of the case file, stated that there is no need for additional time to prepare the final conclusions of the case and that he stands by his request in the appeal. The assessee held that the list of arguments presented during today’s hearing is exhaustive to challenge the appeal grounds, and finally requested that the decision no. 224, dated 20.12.2019 of the Independent Qualification Commission be upheld. After being consulted on the spot, the trial panel stated that the final decision on the case shall be announced on 27.01.2022, at 13:00. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 26 - Public hearing
10:00 -13:00 2022.01.26 Today, on 26.01.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 59/2019, dated 13.11.2019, pertaining to the appeal of the assessee Hysen Keta against decision no. 189, dated 25.07.2019 of the Independent Qualification Commission. The presiding judge informed the parties at trial that at the request of the Chamber, the General Directorate of Taxes and the Regional Tax Directorate of Tirana have submitted additional information to the purpose of the review of the case, information already forwarded to the assessee. The assessee confirmed the acquaintance with the acts submitted by the tax authorities, and requested that these acts be accepted by the trial panel as evidence. After withdrawing for consultation, the trial panel decided to accept as evidence the requests that the Appeal Chamber has forwarded to the tax authorities and their responses. Then the trial panel heard the legal representative of the assessee as he presented his position with regard to the acts accepted as evidence, as well as his objections to the IQC decision no. 189, dated 25.07.2019. Once the assessee confirmed that there were no additional requests, the trial panel decided to close the judicial investigation of the case and invited the assessee to present the final conclusions. The legal representative stated that he considers the submissions of today’s hearing as final conclusions of the case. After being consulted, the trial panel decided to withdraw to make the final decision, to be announced on 07.02.2022, at 10:00. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 27 - Public hearing
10:00 -13:00 2022.01.27 The Appeal Chamber held on 27.01.2022, at 10:00, the public hearing of case (JR) 13/2020, dated 01.06.2020, pertaining 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. Following the hearing dated 20.12.2022, the trial panel announced that with regard to the public denunciations, it has decided to investigate two denunciations, for which it shall request additional information from the Prosecution office at Durres Judicial District Court. The Public Commissioner stated that the denunciations do not contain circumstances or grounds that may need further consideration. In this context, the assessee, Mrs. Anita Jella, reiterated her position that the claims raised in the public denunciations are untrue and unfounded in law and evidence. To support this position, the assessee, Mrs. Anita Jella filed several new acts, which she requested to be admitted as evidence by the trial panel. The case rapporteur addressed to the assessee some clarifying questions regarding the public denunciations. Subsequently, after being consulted, the trial panel decided to accept as evidence the acts filed by the assessee and considered closed the investigation related to the denunciations. The presiding judge informed the parties that pending the response from the Prosecution office at the Durres Judicial District Court, the parties shall be prepared to present the final conclusions in the next hearing to be held on 07.02.2022, at 11:00h. The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement of decision
13:00 -14:00 2022.01.27 The trial panel of the Appeal Chamber, consisting of judges, Rezarta Schuetz, presiding, Sokol Çomo, rapporteur, Albana Shtylla, Ardian Hajdari, Ina Rama, members, announced the decision on case (JR) no. 12/2020, dated 04.03.2020, pertaining to the appeal of the Public Commissioner against decision no. 224, dated 20.12.2019, of the Independent Qualification Commission, related to the assessee Astrit Kalaja. At the conclusion of the trial, 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”, by a majority vote, decided: - To uphold decision no. 224, dated 20.12.2019 of the Independent Qualification Commission, related to the assessee Astrit Kalaja.
- This decision is final and effective immediately.
Announced in Tirana, today on 27.01.2022
| 28 - Chamber hearing
10:00 -16:25 2022.01.28 Today, on 12.01.2022, at 10:00, the Appeal Chamber held the hearing in chambers of case (JR) no. 5/2020, dated 20.01.2020, corresponding to the appeal of the assessee Brunilda Malo (Orhani) against decision no. 206, dated 07.11.2019 of the Independent Qualification Commission. Given that the trial panel was not composed due to objective reasons, it was decided to adjourn the hearing until 28.01.2022, at 10:00. The hearing in chambers will take place in the premises of the Appeal Chamber, at: Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
10:00 -14:03 2022.01.28 Today, on 28.01.2022, at 10:00, the Appeal Chamber opened the hearing in chambers of case (JR) no. 5/2020, dated 20.01.2020, pertaining to the appeal of the assessee Brunilda Malo (Orhani) against decision no. 206, dated 07.11.2019, of the Independent Qualification Commission. Since the trial panel could not be formed for objective reasons, it was decided to adjourn the hearing to 10.02.2022, at 10:00. 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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