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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  • Public Hearing
    10:00 -14:00
    2022.02.07

    Today, on 07.02.2022, at 10:00, the Appeal Chamber opened 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 that the trial panel had not managed to make the final decision of the case, scheduled to be announced today, due to the failure of the members to participate in the final deliberations, for objective reasons.

    In these circumstances, it was decided to adjourn the hearing until February 22, 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.

  • Public hearing
    11:00 -13:00
    2022.02.07

    The Appeal Chamber held on 07.02.2022, at 11:00, 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.

    The presiding judge informed the parties that at the request of the trial panel, the Prosecution office at Durres Judicial District Court had forward the relevant information in the framework of the submitted denunciations, such information forwarded accordingly to the parties at trial.

    Following the consent of the parties, the trial panel, consulted on the spot, decided to administer as evidence the responses of the Prosecution office at Durres Judicial District Court, and decided to close the judicial investigation of the case, inviting the parties to present their final conclusions.

    In the submission of his final conclusions, the Public Commissioner stated that he stands by all the appeal grounds and the submissions in the hearings, assessing that the evidence and the claims of the assessee failed to prove the contrary of the appeal grounds. The Public Commissioner requested the Appeal Chamber to amend decision no. 221, dated 10.12.2019, of the Independent Qualification Commission and the dismissal from office of the assessee, Mrs. Anita Jella.

    The assessee, Mrs. Anita Jella, objected the Public Commissioner’s appeal grounds, stating that they are unfounded in law and evidence and that his final request is in violation of the principle of proportionality and objectivity. Mrs. Anita Jella requested the upholding of decision no. 221, dated 10.12.2019 of the Independent Qualification Commission.

    The trial panel, after hearing the final conclusions of the parties, withdrew to make the final decision, to be announced on 15.2.2022, at 9:00.

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

8
  • Announcements
    09:00 -10:00
    2022.02.08

    The Appeal Chamber has registered case (JR) no. 4/2022, dated 24.01.2022, pertaining to the appeal of the assessee Eda Kaja against decision no. 476 dated 16.11.2021, of the Independent Qualification Commission.

     

    Today, on 08.02.2022, the Appeal Chamber drew 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:   Mimoza Tasi

     

    Members:       Sokol Çomo, Rezarta Schuetz, Albana Shtylla

     

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

     

    The Appeal Chamber has registered case (JR) no. 5/2022, dated 27.01.2022, pertaining to the appeal of the assessee Jak Ndoka against decision no. 477 dated 24.11.2021, of the Independent Qualification Commission.

     

    Today, on 08.02.2022, the Appeal Chamber drew 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:   Mimoza Tasi

     

    Members:       Sokol Çomo, Natasha Mulaj, Ina Rama

     

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

     

    The Appeal Chamber has registered case (JR) no. 6/2022, dated 27.01.2022, pertaining to the appeal of the assessee Ervin Trashi against decision no. 474 dated 12.11.2021, of the Independent Qualification Commission.

     

    Today, on 08.02.2022, the Appeal Chamber drew the lot to appoint the trial panel, the presiding judge of this panel and the case rapporteur.

     

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

     

    Presiding:       Sokol Çomo

     

    Rapporteur:   Mimoza Tasi

     

    Members:       Natasha Mulaj, Ina Rama, Albana Shtylla

     

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

     

    The Appeal Chamber has registered case (JR) no. 7/2022, dated 03.02.2022, pertaining to the appeal of the assessee Rexhep Karaj against decision no. 478 dated 25.11.2021, of the Independent Qualification Commission.

     

    Today, on 08.02.2022, the Appeal Chamber drew 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:   Mimoza Tasi

     

    Members:       Sokol Çomo, Ina Rama, Albana Shtylla

     

     

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

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

     

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as member in case (JR) no. 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.

    Following the draw, Judge Ardian Hajdari was replaced by Judge Natasha Mulaj.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Finally, the trial panel of case (JR) no. 59/2019, dated 13.11.2019, shall be composed of the following judges:

     

    Presiding:       Sokol Çomo

    Rapporteur:   Rezarta Schuetz

    Members:       Albana Shtylla, Natasha Mulaj, Ina Rama

     

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

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as member in 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.

    Following the draw, Judge Ardian Hajdari was replaced by Judge Mimoza Tasi.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Finally, the trial panel of case (JR) no. 62/2019, dated 12.12.2019, shall be composed of the following judges:

     

    Presiding:       Sokol Çomo

    Rapporteur:   Albana Shtylla

    Members:       Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz

     

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

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as member in 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.

    Following the draw, Judge Ardian Hajdari was replaced by Judge Sokol Çomo.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Finally, the trial panel of case (JR) no. 5/2020, dated 20.01.2020, shall be composed of the following judges:

     

    Presiding:       Natasha Mulaj

    Rapporteur:   Albana Shtylla

    Members:       Sokol Çomo, Ina Rama, Rezarta Schuetz

     

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

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as presiding judge of case (JR) no. 14/2020, dated 01.06.2020, pertaining to the appeal of the assessee Anila Guri against decision no. 184, dated 19.07.2019, of the Independent Qualification Commission.

    The replacement of Judge Ardian Hajdari was made due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Following the lot for appointing the member judge, and then for the presiding judge, the trial panel of case (JR) no. 14/2020, dated 01.06.2020, shall be composed of the following judges:

     

    Presiding:       Mimoza Tasi

    Rapporteur:   Sokol Çomo

    Members:       Albana Shtylla, Natasha Mulaj, Rezarta Schuetz

     

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

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as member in case (JR) no. 20/2020, dated 17.06.2020, pertaining to the appeal of the assessee Fatri Islamaj against decision no. 220, dated 19.07.2019 of the Independent Qualification Commission.

    Following the draw, Judge Ardian Hajdari was replaced by Judge Rezarta Schuetz.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Finally, the trial panel of case (JR) no. 20/2020, dated 17.06.2020, shall be composed of the following judges:

     

    Presiding:       Sokol Çomo

    Rapporteur:   Natasha Mulaj

    Members:       Rezarta Schuetz, Ina Rama, Albana Shtylla

     

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

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as member in 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 Ardian Hajdari was replaced by Judge Mimoza Tasi.

    The replacement of Judge Ardian Hajdari was made to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Finally, the trial panel of case (JR) no. 26/2020, dated 01.07.2020, shall be composed of the following judges:

     

    Presiding:       Rezarta Schuetz

    Rapporteur:   Sokol Çomo

    Members:       Mimoza Tasi, Albana Shtylla, Natasha Mulaj

     

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

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as rapporteur in case (JR) no. 14/2021, dated 30.03.2021, pertaining to the appeal of the Public Commissioner against decision no. 325, dated 14.12.2020 of the Independent Qualification Commission, related to the assessee Rilinda Selimi.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Following the lot for the appointment of the member judge, and then for the case rapporteur, the trial panel of case (JR) no. 14/2021, dated 30.03.2021 shall be composed of the following judges:

    Presiding:       Sokol Çomo

    Rapporteur:   Rezarta Schuetz

    Members:       Albana Shtylla, Natasha Mulaj, Mimoza Tasi

     

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

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as member in case (JR) no. 19/2021, dated 19.04.2021, pertaining to the appeal of the Public Commissioner against decision no. 342, dated 02.02.2021 of the Independent Qualification Commission, related to the assessee Elbana Lluri.

    Following the draw, Judge Ardian Hajdari was replaced by Judge Mimoza Tasi.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber

    Finally, the trial panel of case (JR) no. 19/2021, dated 19.04.2021, shall be composed of the following judges:

     

    Presiding:       Natasha Mulaj

    Rapporteur:   Ina Rama

    Members:       Albana Shtylla, Mimoza Tasi, Sokol Çomo

     

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

    Today, on 08.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as presiding judge in case (JR) no. 3/2022, dated 13.01.2022, pertaining to the appeal of the assessee Skënder Damini against decision no. 485, dated 14.12.2021 of the Independent Qualification Commission.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Following the draw, for the appointment of the member judge and then, for the presiding judge, the trial panel of the case (JR) no. 3/2022, dated 13.01.2022, shall be composed of the following judges:

     

    Presiding:       Mimoza Tasi

    Rapporteur:   Sokol Çomo

    Members:       Natasha Mulaj, Ina Rama, Albana Shtylla

     

     

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

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

     

    On Wednesday, 02.03.2022, at 10:00 h, the Appeal Chamber shall review in chambers case (JR) no. 20/2020, dated 17.06.2020, pertaining to the appeal of the assessee Fatri Islamaj against the decision no. 220, dated 10.12.2019 of the Independent Qualification Commission.

     

    The trial panel of this case consists of judges:

    Presiding:       Sokol Çomo

    Rappoorteur:             Natasha Mulaj

    Members:       Albana Shtylla, Ina Rama, Rezarta Schuetz

     

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

  • Public hearing
    10:00 -12:14
    2022.02.08

    On 08.02.2022, at 10:00, the Appeal Chamber opened the public hearing of case (JR) 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.

    During the verification of the presence of the parties, the presiding judge informed the parties that the trial panel is incomplete due to the suspension from office of Judge Ardian Hajdari by decision no. 13, dated 07.02.2022 of the Meeting of Judges.

    Given this reason, the court hearing was adjourned to February 18, 2022, at 9.30.

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

  • Announcement
    16:00 -17:00
    2022.02.08

    Following the notification that the Special Prosecution office against Corruption and Organized Crime has taken Judge Ardian Hajdari as a defendant, on 07.02.2022 the Appeal Chamber held the Meeting of Judges, which, by decision no. 13, dated 07.02.2022, pursuant to Article C, paragraph 3 of the Annex to the Constitution, Article 128, paragraph 3 (b), Article 179, paragraph 7, as well as Article 179/b, paragraphs 5 and 6 of the Constitution of the Republic of Albania, decided:

     

    1. The suspension from office of the judge of the Appeal Chamber, Mr. Ardian Hajdari.

     

    This decision enters into force immediately. (Decision)

9
  • Announcement
    13:00 -14:00
    2022.02.09

    On Thursday, 03.03.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 3/2022, dated 13.01.2022, pertaining to the appeal of the assessee Skënder Damini against decision no. 485, dated 14.12.2021, of the Independent Qualification Commission.

     

    The trial panel of this case consists of judges:

    Presiding:      Mimoza Tasi

    Rapporteur: Sokol Çomo

    Members:      Albana Shtylla, Ina Rama, Natasha Mulaj

     

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

  • Announcement
    14:00 -15:00
    2022.02.09

    On Tuesday, 01.03.2022, at 10:00, the Appeal Chamber shall review in chambers 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.

     

    The trial panel for this case consists of judges:

    Presiding:     Rezarta Schuetz

    Rapporteur:    Sokol Çomo

    Members:     Albana Shtylla, Mimoza Tasi, Natasha Mulaj

     

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

  • Announcement
    16:00 -17:00
    2022.02.09

    Today, on 09.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as member in case (JR) no.  4/2020, dated 20.01.2020, pertaining to the appeal of the assessee Suljeman Kurti against decision no. 203, dated 06.11.2019 of the Independent Qualification Commission.

    Following the draw, Judge Ardian Hajdari was replaced by Judge Mimoza Tasi.

    The replacement of Judge Ardian Hajdari was to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Finally, the trial panel of case (JR) no. 4/2020, dated 20.01.2020, shall be composed of the following judges:

     

    Presiding:       Sokol Çomo

    Rapporteur:   Albana Shtylla

    Members:       Mimoza Tasi, Ina Rama, Rezarta Schuetz

     

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

     

    Today, on 09.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as presiding judge of case (JR) no. 42/2021, dated 27.07.2021, pertaining 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.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Following the lot for appointing the member judge, and then for the presiding judge, the trial panel of case (JR) no. 42/2021, dated 27.07.2021, shall be composed of the following judges:

     

    Presiding:       Ina Rama

    Rapporteur:   Rezarta Schuetz

    Members:       Sokol Çomo, Albana Shtylla, Mimoza Tasi

10
  • Chamber hearing
    10:00 -13:00
    2022.02.10

    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.

  • Announcement
    11:00 -14:00
    2022.02.10

    Today, on 10.02.2022, 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.

    Given the replacement of one of the judges of the trial panel, to the purpose of providing him the respective time limit to be acquainted with the acts, as well as to provide to the assessee the chance to submit any potential procedural requests, the hearing was adjourned to 23.02.2022, 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.

  • Announcement
    18:00 -19:00
    2022.02.10

    On Tuesday, 08.03.2022, at 10:00, the Appeal Chamber shall review in a public hearing case (JR) no. 42/2021, dated 27.07.2021, pertaining to the appeal of the Public Commissioner against the decision no. 363, dated 01.04.2021, of the Independent Qualification Commission, related to the assessee Elizabeta Imeraj.

     

    The trial panel of this case consists of judges:

    Presiding:        Ina Rama

    Rapporteur:     Rezarta Schuetz

    Members:        Albana Shtylla, Mimoza Tasi, Sokol Çomo

     

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

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  • Announcement of decision
    09:00 -10:00
    2022.02.15

    The trial panel of the Appeal Chamber, consisting of judges, Ina Rama, presiding, Natasha Mulaj, rapporteur, Albana Shtylla, Rezarta Schuetz, Sokol Çomo members, announced the decision on case (JR) nr. 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.

    The trial panel, at the conclusion of the adjudication, 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:

    1. To uphold decision no. 221, dated 10.12.2019 of the Independent Qualification Commission, related to the assessee Anita Jella.
    2. This decision is final effective immediately.

    Announced in Tirana, today, on 15.02.2022.

  • Public hearing
    10:00 -13:00
    2022.02.15

    Today, on 15.02.2022, at 10:00, the Appeal Chamber held the public plenary session 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.

     

    Following the verification of the presence of the parties, the petitioner submitted a preliminary request, by which he requested the Chamber to ascertain its lack of substantive and functional competency to review his case and forward the acts to the Constitutional Court.

     

    When questioned by the presiding judge on their position on this request, the representatives of the High Judicial Council and the High Inspector of Justice stated that the request is unfounded in law and as such it should be rejected.

     

    The trial panel, after being consulted, pursuant to Article 179/7 of the Constitution, Article 5/3 of Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Article 71/3 of Law 8577/2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, referring as well to decision no. 35, dated 26.02.2021 of the Preliminary Review Panel of the Constitutional Court, decided to reject the request of the petitioner Markelian Kuqo.

     

    With regard to the other preliminary requests of the petitioner, by which he raised claims on the submissions of the HJC and HIJ and on the disciplinary proceedings acts administered by the HJC, the trial panel decided that these requests are not considered as preliminary requests, therefore they may be resolved during the trial of the case at the Appeal Chamber.

     

    After the rapporteur summarized the appeal of Mr. Markelian Kuqo, the presiding judge invited the petitioner to present his submissions to the court. The petitioner requested additional time to complete his appeal, viewing it from a new perspective after the AC interim decision. Given that this request was rejected by the trial panel on the grounds that the decision announced in today’s session does not affect the appeal, Mr. Markelian Kuqo stated only that he stands by his appeal.

     

    The interested subjects, HJC and HIJ, filed their submissions, requesting the Chamber to reject the appeal of the petitioner Mr. Markelian Kuqo and to uphold the decision no. 633, dated 10.12.2020 of the High Judicial Council “On imposing the disciplinary measure of dismissal from office of Judge Markelian Kuqo”.

     

    The petitioner addressed a series of questions to the representatives of the High Judicial Council and the representatives of the High Inspector of Justice related to the circumstances that led to this decision.

     

    In response to the request of the interested parties for a reasonable time for the preparation of the responses, the trial panel decided to postpone the court hearing until 11.03.2022, at 10:00.

     

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

     

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  • Public hearing
    10:00 -13:00
    2022.02.17

    Today, on 17.02.2022, at 10:00, the Appeal Chamber held the public plenary session 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 appellant submitted two preliminary requests, by which he requested: finding the lack of competence of the Chamber to review his case, as well as considering invalid the representation act of the High Inspector of Justice.

    The trial panel, after being consulted, pursuant to Article 179/7 of the Constitution, Article 5/3 of Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, Article 71/3 of Law 8577/2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended, decided to reject the first request of the appellant Bujar Memia.

    As regards the request for considering invalid the representation act of the High Inspector of Justice, the trial panel decided to take time for its assessment and therefore, it decided to postpone the hearing for the next day, on February 18, 2022, at 11:30.

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

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  • Public hearing
    09:30 -14:00
    2022.02.18

    On 18.02.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 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.

    In this hearing, the citizen V.V. was summoned in the capacity of witness, responding to the inquiries of the legal representative of the assessee, clarifying and verifying inquiries of the trial panel as well as the questions of the IMO International Observer.

    To the purpose of supporting his responses, the witness filed several written acts.

    In order to decide whether to admit as evidence the acts submitted by the testimony, in the context of the explanations of Mr. V. V. in the capacity of witness, as well as in the capacity of other person related to the assessee, the trial panel decided to adjourn the hearing to March 4, 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.

  • Public hearing
    11:30 -14:00
    2022.02.18

    Today, on 18.02.2022, at 11:30, the Appeal Chamber held the public plenary session 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”, with interested parties, the High Inspectorate of Justice (HIJ) and the High Prosecutorial Council (HPC).

    With regard to the appellant’s request for considering invalid the representation act of the High Inspector of Justice, the trial panel failed to reach the required majority under Article 72/2, in conjunction with Article 73/4 of Law 8577/2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended, therefore, based on Article 39/2 of Law 8577/2000, it decided to reject the appellant’s request.

    Subsequently, the appellant submitted a new preliminary request by which he requested further acts from the High Prosecutorial Council and the High Inspector of Justice. As regards this request, the HPC representative stated that this institution does not possess any other acts rather than the file it forwarded to the Chamber and that includes all the acts forwarded by the HIJ and the ones produced by HPC.

    The HIJ representative clarified that the appellant requests information from the disciplinary proceedings report on matters whereby he was not requested to be charged with disciplinary liability.

    After hearing the explanations of the representatives of the High Prosecutorial Council and the High Inspector of Justice, the trial panel decided to reject the request of the appellant Bujar Memia to request acts from these institutions. Given that the court debate on the appellant’s prior request, as well as the explanations provided by the parties to the trial, took a relatively long time, taking also into account the fact that the court debate on the merits of the appeal could not be terminated within today’s hearing, the session was adjourned to March 15, 2022, at 10:00.

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

19
20
21
  • Public hearing
    10:00 -15:00
    2022.02.21

    The Appeal Chamber held today, on 21.02.2022, at 10:00, the public plenary session 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).

    Following the verification of the presence of the parties during which it was ascertained the absence of the appellant and her lawyer, the presiding judge informed the court that the appellant’s lawyer had requested the adjournment of the hearing given his incapacity to be present at the trial, due to another trial at Tirana Judicial District Court.

    The appellant was not present as the penitentiary institution was not formally requested to escort Mrs. Hoxha for today’s hearing.

    Given the above reasons, the hearing was adjourned to March 23, 2022, at 10:00.

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

  • Announcements
    13:00 -14:00
    2022.02.21

    Today, on 21.02.2022, the Appeal Chamber held the lot procedure for the replacement of Judge Ardian Hajdari, appointed as member in case (JR) no. 25/2020, dated 26.06.2020, pertaining to the appeal of the assessee Simon Pashuku against decision no. 213, dated 22.11.2019 of the Independent Qualification Commission.

    Following the draw, Judge Ardian Hajdari was replaced by Judge Mimoza Tasi.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Finally, the trial panel of case (JR) no. 25/2020, dated 26.06.2020, shall be composed of the following judges:

     

    Presiding:                   Rezarta Schuetz

    Rapporteur:               Ina Rama

    Members:                   Albana Shtylla, Mimoza Tasi, Sokol Çomo

     

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

     

     

    The Appeal Chamber has registered case (JR) no. 8/2022, dated 15.02.2022 pertaining to the appeal of the assessee Selami Zalli against decision no. 494, dated 23.12.2021 of the Independent Qualification Commission.

    Today, on 21.02.2022, the Appeal Chamber held the lot procedure 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: Ina Rama

    Members: Sokol Çomo, Albana Shtylla, Mimoza Tasi

     

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

    On 16.02.2022, the Appeal Chamber has registered the case JD no. 1/2022, with appellant Shkëlqim Kokona and object:

     

    Repealing as unconstitutional decision no. 411 dated 17.12.2021 as regards the disciplinary proceedings (on its conclusions) and finding absolutely invalid the measure of dismissal from office against him, the investigation report of the assessee, violation of human rights in the administrative proceedings and unfair trial, contrary to Article 6 of the Convention on Human Rights and a series of articles of the Constitution of Albania.

     

    On 21.02.2022, the lot was drawn for the appointment of the rapporteur and members of the Preliminary Review Panel:

     

    According to the lot procedure, the Preliminary Review Panel is composed:

     

    Judge:                         Natasha Mulaj 

    Judge:                         Rezarta Schuetz 

    Rapporteur:               Mimoza Tasi

22
  • Public hearing
    10:00 -11:00
    2022.02.22

    The Appeal Chamber held today on 22.02.2022, at 10:00, 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 court that at the stage when the trial panel was withdrawn to make the final decision, Judge Ardian Hajdari, part of the trial panel of this case, was suspended from office by decision no. 13, dated 07.02.2022, of the Meeting of Judges. Due to this reason, Judge Ardian Hajdari was replaced by lot by Judge Natasha Mulaj.

    Also, after the trial panel made the interim decision to terminate the judicial investigation of the case, on February 1, 2022, the International Observer of the International Monitoring Operation submitted an opinion (a written opinion) with the Appeal Chamber in view of review of the case of the assessee Hysen Keta. Therefore, the trial panel, by an interim decision, by a majority vote, pursuant to Article 315 of the Civil Procedure Code, decided to revoke the interim decision to terminate the judicial investigation and reopen this investigation in order to make available to the assessee the opinion of the International Observer.

    In order to enable the assessee to be acquainted and take a position with regard to this opinion, the hearing was adjourned to March 16, 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.

23
  • Chamber hearing
    10:00 -13:00
    2022.02.23

    Today, on 10.02.2022, 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.

    Given the replacement of one of the judges of the trial panel, to the purpose of providing him the respective time limit to be acquainted with the acts, as well as to provide to the assessee the chance to submit any potential procedural requests, the hearing was adjourned to 23.02.2022, 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.

  • Announcement of decision
    16:00 -17:00
    2022.02.23

    The trial panel of the Appeal Chamber, consisting of judges, Natasha Mulaj presiding, Albana Shtylla rapporteur, Ina Rama, Rezarta Schuetz, Sokol Çomo members, announced the decision on 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.

    At the conclusion 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 decision no. 206, dated 07.11.2019 of the Independent Qualification Commission, related to the assessee Brunilda Malo (Orhani).

     

    1. This decision is final and effective immediately.

    Announced in Tirana, today on 23.02.2022

24
  • Announcements
    16:13
    2022.02.24

    On Thursday, 31.03.2022, at 10:00h, the Appeal Chamber shall review in a public hearing case (JR) no. 40/2021, dated 23.07.2021, pertaining to the appeal of the Public Commissioner against decision no. 393, dated 03.06.2021 of the Independent Qualification Commission, related to the assessee Gerd Hoxha.

     

    The trial panel of this case consists of judges:

     

    Presiding:        Rezarta Schuetz

    Rapporteur:     Albana Shtylla

    Members:        Ina Rama, Natasha Mulaj, Sokol Çomo

     

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

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

    On Monday, 28.03.2022, at 10:00, the Appeal Chamber shall review in a public hearing case (JR) no. 19/2021, dated 19.04.2021, pertaining to the appeal of the Public Commissioner against decision no. 342, dated 02.02.2021, of the Independent Qualification Commission, related to the assessee Elbana Lluri.

     

    The trial panel of this case consists of judges:

    Presiding:       Natasha Mulaj

    Rapporteur:   Ina Rama

    Members:       Albana Shtylla, Mimoza Tasi, Sokol Çomo

     

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

  • Announcements
    18:00
    2022.02.24

    The Appeal Chamber has registered case (JR) no. 9/2022, dated 15.02.2022 pertaining to the appeal of the Public Commissioner against decision no. 491, dated 21.12.2021 of the Independent Qualification Commission related to the assessee Gjon Kodra.

    Today, on 24.02.2022, the Appeal Chamber held the lot procedure 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:   Natasha Mulaj

    Members:       Sokol Çomo, Rezarta Schuetz, Mimoza Tasi

     

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

     

    The Appeal Chamber has registered case (JR) no. 10/2022, dated 15.02.2022, pertaining to the appeal of the Public Commissioner against decision no. 479, dated 03.12.2021 of the Independent Qualification Commission related to the assessee Arben Dosti.

    Today, on 24.02.2022, the Appeal Chamber held the lot procedure 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, Mimoza Tasi

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

     

    The Appeal Chamber has registered case (JR) no. 11/2022, dated 17.02.2022, pertaining to the appeal of assessee Binas Nina against decision no. 489, dated 16.12.2021 of the Independent Qualification Commission.

    Today, on 24.02.2022, the Appeal Chamber held the lot procedure to appoint the trial panel, the presiding judge of this panel and the case rapporteur.

     

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

     

    Presiding:       Rezarta Schuetz

    Rapporteur:   Sokol Çomo

    Members:       Natasha Mulaj, Ina Rama, Mimoza Tasi

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

     

    The Appeal Chamber has registered case (JR) no. 12/2022, dated 17.02.2022, pertaining to the appeal of assessee Arqile Basho against decision no. 486 dated 15.12.2021 of the Independent Qualification Commission.

    Today, on 24.02.2022, the Appeal Chamber held the lot procedure to appoint the trial panel, the presiding judge of this panel and the case rapporteur.

     

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

     

    Presiding:       Sokol Çomo

    Rapporteur:   Albana Shtylla

    Members:       Natasha Mulaj, Ina Rama, Mimoza Tasi

     

     

  • Announcement
    18:00
    2022.02.24

    Today, on 24.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Luan Daci and Judge Ardian Hajdari, appointed as members in case (JR) no. 15/2020, dated 02.06.2020, pertaining to the appeal of the assessee Marsela Balili against decision no. 228, dated 17.01.2020 of the Independent Qualification Commission.

    Following the draw, Judges Luan Daci and Ardian Hajdari were replaced by Judges Rezarta Schuetz and Mimoza Tasi.

    The replacement of Judge Luan Daci was due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber and the replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Finally, the trial panel of case (JR) no. 5/2020, dated 20.01.2020, shall be composed of the following judges:

     

    Presiding:       Sokol Çomo

    Rapporteur:   Ina Rama

    Members:       Albana Shtylla, Rezarta Schuetz, Mimoza Tasi

25
26
27
28
  • Announcements
    18:00 -19:00
    2022.02.28

    The Appeal Chamber has registered case (JR) no. 13/2022, dated 24.02.2022, pertaining to the appeal of assessee Petrit Bica against decision no. 506 dated 31.01.2022 of the Independent Qualification Commission.

    Today, on 28.02.2022, the Appeal Chamber held the lot procedure 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:       Mimoza Tasi

    Rapporteur:   Albana Shtylla

    Members:       Sokol Çomo, Natasha Mulaj, Ina Rama

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

    Today, on 28.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as rapporteur in case (JR) no.  35/2021, dated 29.06.2021, pertaining to the appeal of the assessee Tasim Puci against decision no. 366, dated 05.04.2021 of the Independent Qualification Commission.

    The replacement of Judge Ardian Hajdari was made due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Following the lot for appointing the member judge, and then for the rapporteur judge, the trial panel of case (JR) no. 35/2021, dated 29.06.2021, shall be composed of the following judges:

     

    Presiding:       Albana Shtylla 

    Rapporteur:   Rezarta Schuetz

    Members:       Sokol Çomo, Ina Rama, Mimoza Tasi

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

     

    On 28.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Ardian Hajdari, appointed as rapporteur in case (JR) no.  16/2020, dated 02.06.2020, pertaining to the appeal of the assessee Astrit Shema against decision no. 239, dated 21.02.2020 of the Independent Qualification Commission.

    The replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Following the lot for appointing the member judge, and then for the rapporteur judge, the trial panel of case (JR) no. 16/2020, dated 02.06.2020, shall be composed of the following judges:

     

    Presiding:       Sokol Çomo 

    Rapporteur:   Ina Rama

    Members:       Albana Shtylla, Rezarta Schuetz, Natasha Mulaj

     

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

    On 28.02.2022, the Appeal Chamber drew the lot for the replacement of Judge Luan Daci, appointed as member and Judge Ardian Hajdari, appointed as rapporteur in case (JR) no. 24/2020, dated 26.06.2020, pertaining to the appeal of the assessee Nevrie Duka (Halo) against decision no. 253, dated 12.03.2020 of the Independent Qualification Commission.

    The replacement of Judge Luan Daci was due to his dismissal from office by decision no. 1 (JD), dated 09.12.2021 of the Disciplinary Commission of the Appeal Chamber and the replacement of Judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber.

    Following the lot for appointing the member judge, and then for the rapporteur judge, the trial panel of case (JR) no. 24/2020, dated 26.06.2020, shall be composed of the following judges:

     

    Presiding:       Albana Shtylla

    Rapporteur:   Natasha Mulaj

    Members:       Sokol Çomo, Rezarta Schuetz, Mimoza Tasi

March
March
March
March
March
March

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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