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Today, on 01.04.2021, at 11:00, the Appeal Chamber held the public hearing of case (JR) 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 Elizabeta Imeraj.

The Public Commissioner responded to the questions that the assessee and her defense counsel addressed him before the end of previous hearing with regard to the findings of the International Observers and the asset assessment criterion.

The assessee, Mrs. Elizabeta Imeraj concluded her objections to the three vetting criteria, referring to the Public Commissioner’s appeal grounds, requesting the Chamber:

• Reopening the investigation, collecting as evidence the acts in the file lodged with the Chamber, as well as the new acts referred by her in support of the raised claims.
• Address the relevant institutions to obtain the necessary additional information, as well as summoning witnesses, in the context of a full and in-depth investigation.
• Uphold the IQC decision no. 363, dated 01.04.2021.

After hearing the submissions of the parties, the trial panel withdrew to be consulted on the requests of the assessee, to which it shall make a statement at the next hearing, to be held on 12.04.2022, at 13:00.

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

The Appeal Chamber has registered case (JR) no. 17/2022, dated 28.03.2022, pertaining to the appeal of assessee Fahrije Gjana (Vata) against decision no. 504, dated 28.01.2022, of the Independent Qualification Commission.

Today, on 01.04.2022, 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 05.04.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 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 Public Commissioner, while submitting the appeal grounds, stated that the decision of the Independent Qualification Commission contains sufficient grounds to be investigated by the Chamber, as the assessee fails to reach a reliable level for his confirmation in office with regard to the asset and proficiency assessment. The Public Commissioner requests the Chamber to consider the appeal grounds, open the judicial investigation and collect new evidence, including the findings of the International Observer of the International Monitoring Operation, part of the appeal.

The assessee submitted his objections against the Public Commissioner’s appeal grounds holding that they are unfounded in evidence and facts and as such, they should not be considered by the Appeal Chamber. The assessee requested the Chamber to accept as evidence all the acts filed by him in support of the claims raised during today’s hearing, including the acts that challenge the public denunciations, and to rule on upholding decision no. 393, dated 03.06.2021 of the Independent Qualification Commission.

The Public Commissioner assessed that the public denunciations did not contain any evidence or circumstance for further investigation by the Chamber.

Once the assessee responded to the questions of the International Observer of the International Monitoring Operation to the purpose of the review of the case and a question of the rapporteur concerning the lodged acts, the trial panel, after being consulted, decided:

• To open the judicial investigation of the case to accept the acts filed by the assessee, as well as conducting by the Chamber a financial analysis based on the claims of the Public Commissioner in the appeal.

The trial panel decided also to decide on the public denunciations at the next hearing, to take place on May 6, 2022, at 09:00.

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

On Friday, on 29.04.2022, at 10:30, the Appeal Chamber shall review in chambers 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.

The trial panel of this case consists of judges:

Presiding:        Rezarta Schuetz

Rapporteur:     Ina Rama

Members:        Albana Shtylla, Mimoza Tasi, Sokol Çomo

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

Today, on 07.04.2022, at 09:00, 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 decision no. 81, dated 31.03. 2021 of the High Prosecutorial Council “On imposing a disciplinary measure against prosecutor Bujar Memia”, with interested parties, the High Inspectorate of Justice (HIJ) and the High Prosecutorial Council (HPC).

The appellant and his lawyer, during the course of the court debate, filed their submissions in support of the position that decision no. 81, dated 31.03.2021 of the High Prosecutorial Council “On imposing a disciplinary measure against prosecutor Bujar Memia” is entirely contrary to the constitutional principles and administrative procedural law. The appellant requested the Chamber to collect as evidence the acts he filed in support of the claims raised during today’s hearing.

The representatives of the interested parties, the High Inspectorate of Justice and the High Prosecutorial Council filed their submissions in support of the position that with upon actions and omissions, the appellant Bujar Memia was found disciplinary liable during the HIJ and HPC investigation and disciplinary proceedings.

The representatives of the interested parties submitted written responses to some of the appellant questions, which the trial panel forwarded to the latter.

The appellant filed two procedural requests, through which he requested the Appeal Chamber to address the High Prosecutorial Council, for the administration of an audio material, and Tirana Judicial District Court, for a decision, to the purpose of the review of the case.

After being consulted, the trial panel decided to reject the appellant claims, as the audio material could be accessed from the open information sources, while, as regards the decision, the appellant had not shown any attempt to obtain it himself at Tirana Judicial District Court.

The trial panel decided to accept as evidence the documentation contained in the HPC file, submitted with the Chamber, as well as the new acts submitted by the appellant during today’s hearing. The trial panel informed the parties that in the next hearing that will take place on May 9, at 09:00, the Chamber will rule on certain new acts that the appellant is expected to file in support of his claims. During this latter hearing, the parties must also be prepared to submit their final conclusions.

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

The trial panel of the Appeal Chamber, composed of Judges, Rezarta Schuetz presiding, Sokol Çomo rapporteur, Albana Shtylla, Mimoza Tasi, Natasha Mulaj members, announced the decision on case (JR) no. 26/2020, dated 01.07.2020, corresponding to the appeal of the assessee Edmond Hyka against decision no. 223, dated 20.12.2019 of the Independent Qualification Commission.

The trial panel, at the conclusion of trial, 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. 223, dated 20.12.2019, of the Independent Qualification Commission, related to the assessee Edmond Hyka.

2. This decision is final and effective immediately.

Announced in Tirana, today, on 07.04.2022.

Today, on 12.04.2022, at 09:30, the Appeal Chamber held the public hearing of case (JR) 20/2020, dated 17.06.2020, corresponding to the appeal of the assessee Fatri Islamaj against decision no. 220, dated 10.12.2019 of the Independent Qualification Commission.

The assessee Fatri Islamaj submitted his position regarding the opinion (written opinion) that the International Observer of the International Monitoring Operation had lodged with the Appeal Chamber, to the purpose of the review of the case.

Given that the assessee submitted no other procedural requests, the trial panel decided to close the judicial investigation of the case and withdraw for making the final decision, to be announced on April 14, 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.

Today, on 12.04.2021, at 13:00, the Appeal Chamber held the public hearing of case (JR) 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 Elizabeta Imeraj.

Following the preceding hearing, after analyzing the requests of the assessee, the trial panel decided:

• Reopening the judicial investigation of the case and collecting as evidence the new acts lodged with the Appeal Chamber by the assessee, according to the specifications made by her at the hearing dated 01.04.2022.
• Collecting as evidence the assertions at the trial of the assessee during the AC hearings.
• The acts submitted by the assessee, located also in the case file submitted by the IQC, shall not be considered as new evidence, but will be analyzed in the capacity of the acts found in the file and subject to the evaluation of the IQC.

As regards the request for the summoning of witnesses, the trial panel decided:

• To reject the request of the assessee to summon witnesses to prove facts related to the background and assets assessment criteria, as their testimony, seen in the light of the provisions of Article 49, paragraph 6 (a) and (c), is unnecessary in circumstances when the acts of the case file contains sufficient documentation for making the decision, or are related to facts required to be proven.
• To reject the request of the assessee for summoning witnesses, whose testimony, seen in the light of the provisions of Article 49, paragraph 6 (b), is irrelevant for the resolution of the case.

The trial panel ruled:

• To reject the request of the assessee for the summoning of an expert, as it is an inadmissible request in the context of the provisions of Article 225 et seq. of the CPC and Article 49, paragraph 6 of Law 84/2016.
• To not request copies of the investigation files, carried out on the basis of criminal reports, exercised by the assessee, as seen in the light of the provisions of Article 49, paragraph 6 (a) and (b) of Law 84/2016, the receiving of these acts and the result of these proceedings is irrelevant for the resolution of the case; when the acts in the file contain sufficient documentation for decision-making or when they are irrelevant to the proceedings at the Appeal Chamber.
• To dismiss the request of the assessee to request additional information to Tirana Municipality, as under Article 49, paragraph 6 (b), the fact that is required to be proven is irrelevant, in terms when it exceeds the limits of the appeal grounds.
• To dismiss the request of the assessee to hear in a public hearing the audio recording of a hearing at the IQC, as in the light of the provisions of Article 49, paragraph 6 (c), the evidence means is entirely inappropriate.

The trial panel decided to not investigate further regarding the denunciations lodged with the Chamber, as the circumstances stated therein do not meet the criteria of Article 53, paragraph 3 of Law 84/2016 for grounds that may establish convictions for legal violations.

The trial panel noticed that the findings of the International Observers, pursuant to Article B, paragraph 3/b of the Annex to the Constitution and Article 49, paragraph 10, of Law no. 84/2016, constitute evidence in themselves and as such, will be subject to the judicial review, along with their supporting documentation.

After being acquainted with the interim decision of the trial panel, the Public Commissioner stated that he stands by all the appeal grounds related to the case.

Once the parties stated that they had no further procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to submit their final conclusions.

Taking into account the request of the lawyer of the assessee for the provision of a reasonable time in order to prepare the final conclusions in writing, the trial panel decided to postpone the hearing until April 20, 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.

On 13.04.2022 the Appeal Chamber held the hearing in chambers of case (JR) no. 13/2022, dated 24.02.2022, pertaining to the appeal of the assessee Petrit Bica against decision no. 506, dated 31.01.2022 of the Independent Qualification Commission.

The trial panel, after considering the case, pursuant to Article 51, paragraph 1 (b) of Law no. 49/2012 “On administrative courts and administrative disputes”, as amended, decided to transfer the review of the case in a public hearing, to be held on Thursday, 12.05.2022, at 10:00.

The trial in a public hearing was decided in order to remedy the procedural violations and for ascertaining the fair and complete factual situation of the case, in the presence of the assessee.

The trial panel of this case consists of judges:

Presiding:        Mimoza Tasi

Rapporteur:     Albana Shtylla

Members:        Ina Rama, Natasha Mulaj, Sokol Çomo

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

Today, on 13.04.2021, at 11:00, the Appeal Chamber held the public hearing of case (JR) 58/2021, dated 11.10.2021, pertaining to the appeal of the Public Commissioner against decision no. 410, dated 30.06.2021, of the Independent Qualification Commission related to the assessee Atalanta Zeqiraj.

The Public Commissioner submitted the appeal grounds, requesting the Chamber to consider them and after a thorough evaluation of the case, to decide alternatively, either to amend or to uphold decision no. 410, dated 30.06.2021 of the Independent Qualification Commission.

The assessee, Mrs. Atalanta Zeqiraj, submitted her objections to the Public Commissioner’s appeal grounds, requesting the Chamber to reopen the judicial investigation and collect as evidence certain acts lodged by her with the Chamber, in response to the appeal of the Public Commissioner. The assessee requested the upholding of decision no. 410, dated 30.06.2021 of the Independent Qualification Commission.

Following the consultations, the trial panel decided to reopen the judicial investigation and to collect as evidence the acts filed by the assessee.

Once the parties stated they had no other procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to present their final conclusions at the next hearing, to be held on May 13, 2022, at 9:00.

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

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

The trial panel, at the conclusion of the trial, pursuant to Article 66, para 1 (b) 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. Amending decision no. 220, dated 10.12.2019, of the Independent Qualification Commission, related to the assessee Fatri Islamaj, and his confirmation in the office of judge at Tirana Court of Appeals.

2. This decision is final and effective immediately.

Announced in Tirana, today, on 14.04.2022.

Today, on 14.04.2022, at 10:00, the Appeal Chamber held 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).

During the presentation of their submissions, the appellant Enkeleida Hoxha and her defense counsel requested the Chamber to accept the appeal and overrule decision no. 92, dated 17.03.2021 of the High Judicial Council, after raising allegations of subjectivity and violation of procedural and material law. In support of their claims, the appellant filed several new acts, which she requested the trial panel to collect them as evidence.

The representatives of the interested parties, the High Judicial Council and the High Inspector of Justice filed their submissions, stating that the disciplinary proceedings by the HIJ and decision no. 92, dated 17.03.2021 of the High Judicial Council are founded in evidence and law. The representatives of the interested parties requested the Chamber to rebut the appeal of Mrs. Enkeleida Hoxha.

During the judicial debate, the HJC and HIJ representatives responded to some questions of the appellant’s defense counsel and questions from one of the members of the trial panel, to the purpose of the consideration of the case. The rapporteur – as well as the presiding judge – requested the appellant, Mrs. Enkeleida Hoxha, to clarify specifically the acts she requested to access through several letters addressed to the High Judicial Council, to her office in Kruja Judicial District Court, as well as their probative value with respect to the trial at the Appeal Chamber.

After being consulted, the trial panel decided to administer the files of the disciplinary proceedings of the High Judicial Council lodged with the Chamber, as well as to accept as evidence the new acts filed by the appellant during today’s hearing.

Once the parties stated that they had no further procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to present their final conclusions. As the parties requested time to prepare them in writing, the hearing was postponed to May 10, 2022, at 9:00

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

On 20.04.2022, at 10:00, the Appeal Chamber held the hearing in chambers of case (JR) 11/2020, dated 18.02.2020, pertaining to the appeal of the assessee Marjana Velçani against decision no. 222, dated 12.12.2020 of the Independent of Qualification Commission.

For objective reasons, due to the conduct of another trial, the trial panel decided to interrupt the judicial review of the case, to continue it on 22.04.2022, at 09:00.

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

The Appeal Chamber has registered case (JR) no. 18/2022, dated 12.04.2022, pertaining to the appeal of assessee Erind Reovica against decision no. 504, dated 28.01.2022, of the Independent Qualification Commission.

Today, on 20.04.2022, 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:   Rezarta Schuetz

Members:       Ina Rama, Albana Shtylla, Mimoza Tasi

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Today on 20.04.2022, the Appeal Chamber held the lot procedure for the replacement of Judge Ardian Hajdari, appointed as rapporteur in case (JR) no.  45/2020, dated 15.10.2020, pertaining to the appeal of the assessee Selim Kryeziu against decision no. 278, dated 22.07.2020 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 procedure for the appointment of the member judge and then for the judge rapporteur, the trial panel of case (JR) no. 45/2020, dated 15.10.2020, shall be composed of the following judges:

Presiding:       Albana Shtylla

Rapporteur:   Sokol Çomo

Members:       Ina Rama, Natasha Mulaj, Rezarta Schuetz

Today, on 20.04.2021, at 13:00, the Appeal Chamber held the public hearing of case (JR) 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 Elizabeta Imeraj.

During the course of the submission of the final conclusions, the Public Commissioner stated that during the trial at the Appeal Chamber, the assessee failed to prove the opposite of the appeal grounds and that she is found in the situation provided for in Article 61, paragraphs 3 and 5 of Law no. 84/2016. The Public Commissioner requested the Appeal Chamber that pursuant to the provisions of Article F, paragraphs 3 and 7, of the Annex to the Constitution and Article 66, paragraph 1 (b), of Law no. 84/2016, the amendment of decision no. 363, dated 01.04.2021, of the Independent Qualification Commission, and the dismissal from office of the assessee, Mrs. Elizabeta Imeraj.

The assessee, Mrs. Elizabeta Imeraj, submitted in detail the final conclusions for the three evaluation criteria, with reference to the appeal grounds of the Public Commissioner, assessing the appeal as unfounded in law and evidence, and as such, inadmissible. The assessee held that during the trial at the Appeal Chamber she had managed to prove upon exhaustive evidence and arguments the opposite of the appeal. At the end of the final conclusions, the assessee, Mrs. Elizabeta Imeraj and her lawyer requested the Chamber the upholding of decision no. 363, dated 01.04.2021, of the Independent Qualification Commission.

After listening to the final conclusions of the parties, the trial panel decided to close the judicial review of the case and withdrew to make the final decision, to be announced on April 27, 2022, at 15:00.

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

Today, on 21.04.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 26/2021, dated 17.05.2021, pertaining to the appeal of the Public Commissioner against decision no. 344, dated 11.02.2021, of the Independent Qualification Commission, related to the assessee Marinela Osmani.

The Public Commissioner submitted the appeal grounds related to the assets assessment criterion, requesting the Chamber to take them into consideration and at the end of the trial of the case, to decide, alternatively, to uphold or amend decision no. 344, dated 11.02.2021, of the Independent Qualification Commission.

The assessee, Ms. Marinela Osmani, filed her submissions in response to the appeal of the Public Commissioner, requesting the Chamber a fair and thorough assessment of the case, in the application of the principle of objectivity and proportionality, and at the end of the trial, the upholding of decision no. 344, dated 11.02.2021, of the Independent Qualification Commission.

Once the parties stated they had no further procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to submit in writing the final conclusions at the next hearing, to be held on May 11, 2022, at 09:00.

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

On Wednesday, 18.05.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 24/2020, dated 26.06.2020, pertaining to the appeal of the assessee Nevrie Duka against decision no. 253, dated 12.03.2020, of the Independent Qualification Commission.

The trial panel of this case consists of judges:

Presiding:        Albana Shtylla

Rapporteur:     Natasha Mulaj

Members:        Mimoza Tasi, Rezarta Schuetz, Sokol Çomo

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

On 20.04.2022, at 10:00, the Appeal Chamber held the hearing in chambers of case (JR) 11/2020, dated 18.02.2020, pertaining to the appeal of the assessee Marjana Velçani against decision no. 222, dated 12.12.2020 of the Independent of Qualification Commission.

For objective reasons, due to the conduct of another trial, the trial panel decided to interrupt the judicial review of the case, to continue it on 22.04.2022, at 09:00.

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

On Wednesday, 11.05.2022, at 10:00, the Appeal Chamber shall review in chambers 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 trial panel for of this case consists of judges:

Presiding:       Mimoza Tasi

Rapporteur:     Sokol Çomo

Members:       Albana Shtylla, Natasha Mulaj, Rezarta Schuetz

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

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On Thursday, 19.05.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 31/2020, dated 30.07.2020, pertaining to the appeal of the assessee Adnand Xhelili against decision no. 237, dated 12.02.2020 of the Independent Qualification Commission.

The trial panel of this case consists of judges:

Presiding:   Ina Rama

Rapporteur:   Sokol Çomo

Members:    Albana Shtylla, Natasha Mulaj, Rezarta Schuetz

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

On 22.04.2022 the Appeal Chamber held the hearing in chambers of case (JR) 11/2020, dated 18.02.2020, pertaining to the appeal of the assessee Marjana Velçani against decision no. 222, dated 12.12.2019 of the Independent Commission of Qualification.

The trial panel, after considering the case, pursuant on Article F, paragraph 3 of the Annex to the Constitution, Article 4, paragraph 5 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as Article 51, paragraph 1 (a) and (c) of Law no. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided to consider the case in a public hearing, to be held on Monday, 23.05.2022, at 10:00.

The trial in a public hearing was decided in order to make a full ascertainment of the factual situation and to repeat the collection of the evidence to the purpose of the review of the case.

The trial panel of this case consists of judges:

Presiding: Rezarta Schuetz

Rapporteur: Albana Shtylla

Members: Ina Rama, Mimoza Tasi, Sokol Çomo

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

Today, on 26.04.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 22/2020, dated 26.06.2020, pertaining to the appeal of the Public Commissioner against decision no. 229, dated 28.01.2020, of the Independent Qualification Commission, related to the assessee Dritan Banushi.

The Public Commissioner stated while submitting the appeal grounds that the assessee has made an incorrect, insufficient declaration, lacks legitimate sources for the creation of the assets and fails to reach a reliable level for his confirmation in office. The Public Commissioner, pursuant to Article F, paragraphs 3 and 7, of the Annex to the Constitution, Article 66, paragraph 1 (b) of Law no. 84/2016, requested the Chamber to consider the grounds of the appeal and at the end of the trial of the case to decide the amendment of decision no. 229, dated 28.1.2020, of the Independent Qualification Commission and dismissal from office of the assessee, Mr. Dritan Banushi.

The assessee, Mr. Dritan Banushi, submitted his objections to the appeal grounds of the Public Commissioner, requesting the Chamber to reopen the judicial investigation to the purpose a complete and fair trial, accepting as evidence the new acts that the assessee filed during today’s hearing, in support of his submissions.

At the request of the trial panel, the Public Commissioner indicated his position with regard to the public denunciations, stating that they fail to contain facts and circumstances for legal violations, according to the re-evaluation criteria.

Following the consultations, the trial panel decided:

• Reopening the investigation and collecting as evidence the acts filed by the assessee during the hearing in support of his objections.
• To request the Public Commissioner to submit to the Chamber, by May 10, 2022, the financial analysis for the years 2003 – 2016 in the context of the appeal grounds. Once the Chamber has administered this analysis, it will forward it to the assessee.
• As regards the denunciations, there were no facts and circumstances found valid for further investigations, whereas there was a new public denunciation filed today with the Chamber.

In order to enable the assessee to get acquainted with the financial analysis to be drafted by the Public Commissioner and to take a position with its regard, the trial panel decided to postpone the hearing on May 20, 2022, at 10:00.

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

The trial panel of the Appeal Chamber, composed of judges, Ina Rama presiding, Rezarta Schuetz rapporteur, Albana Shtylla, Mimoza Tasi, Sokol Çomo members, announced the decision on 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 Elizabeta Imeraj.

The trial panel, at the conclusion of the trial, pursuant to Article 66, paragraph 1 (b) of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, unanimously decided:

1. The amendment of decision no. 363, dated 01.04.2021 of the Independent Qualification Commission, and the dismissal from office of the assessee Elizabeta Imeraj.
2. This decision is final and effective immediately.

Announced in Tirana today, on 27.04.2022.

Today, on 28.04.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 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.

Prior to the beginning of the preliminary debate of the parties, the assessee submitted a preliminary request to be acquainted with the reasoning of the decisions of the Chamber related the dismissal of her requests on the recusal of some of the members of the trial panel.

After being consulted, the trial panel, pursuant to Article 75, paragraphs 1 and 2 of the Civil Procedure Code, decided to dismiss the request of the assessee, related to the adjournment of the hearing, but to provide the assessee the opportunity that at an appropriate time, become acquainted with the procedural acts related to the decisions of the Appeal Chamber, concerning her requests on the recusal of some of the trial panel members.

The assessee, pursuant to Article 297/a of the Civil Procedure Code submitted another preliminary request for the suspension of the trial of the case, until the termination of another criminal case, undertaken by the Special Prosecution office against Corruption and Organized Crime. In support of this request the assessee submitted also two written acts.

In his position about this request, the Public Commissioner stated that the assessee is not found in terms of Article 297/a of the Civil Procedure Code, as the transitional re-evaluation process is a process separate from any other type of proceedings and consequently, the trial at the Appeal Chamber should continue.

After hearing the position of the Public Commissioner and after being consulted, the trial panel decided to reject the request of the assessee, arguing that the trial at the Appeal Chamber is of a special nature and it does not overlap with proceedings of other natures; consequently, the request unfounded on the conditions provided for in Article 297/a of the Civil Procedure Code. Therefore, the trial panel decided the trial at the Chamber shall continue.

The Public Commissioner, while submitting the appeal grounds, filed with the Chamber the request to conduct a full investigation into the case through the administration of additional documents and information to the purpose of the review of the appeal. The Public Commissioner requested that the Appeal Chamber, after considering the appeal grounds and following an overall evaluation of the investigation results, to decide, alternatively, the amendment of decision no. 325, dated 14.12.2020, of the Independent Qualification Commission, or to uphold it.

Subsequently, the Judge Rapporteur of the case addressed some questions to the Public Commissioner related to clarifying the appeal grounds.

In circumstances the trial panel considered essential for the conduct of the trial the explanation by the Public Commissioner of the grounds of the appeal, it requested the Public Commissioner to submit the explanations in writing. Consequently, the hearing was adjourned to May 19, 2022, at 12:00.

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

On Friday, on 29.04.2022, at 10:30, the Appeal Chamber shall review in chambers 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.

The trial panel of this case consists of judges:

Presiding:        Rezarta Schuetz

Rapporteur:     Ina Rama

Members:        Albana Shtylla, Mimoza Tasi, Sokol Çomo

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

The Appeal Chamber has registered the case (JR) no. 19/2022, dated 20.04.2022 pertaining to the appeal of the assessee Flutura Hoxha against decision no. 513, dated 25.02.2022 of the Independent Qualification Commission.

Today, on 29.04.2022, 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:   Natasha Mulaj

Members:       Albana Shtylla, Mimoza Tasi, Rezarta Schuetz

The trial panel of the Appeal Chamber, composed of judges, Rezarta Schuetz, presiding, Ina Rama rapporteur, Albana Shtylla, Mimoza Tasi, Sokol Çomo members, announced the decision on case (JR) no. 25/2020, dated 02.06.2020, pertaining to the appeal of the assessee Simon Pashuku against decision no. 213, dated 22.11.2019 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. 213, dated 22.11.2019 of the Independent Qualification Commission, related to the assessee Simon Pashuku.
2. This decision is final and effective immediately.

Announced in Tirana, today, on 29.04.2022.