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.
The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the 2022 judicial year of the European Court of Human Rights (ECtHR), held in Strasbourg, France. Albania was represented also in this with the President of the Constitutional Court, Mrs. Vitore Tusha and the Vice President of the Supreme Court, Mr. Sokol Sadushi - June 24, 2022
The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the 2022 judicial year of the European Court of Human Rights (ECtHR), held in Strasbourg, France, attended by representatives of the highest courts of the 46 member states of the Council of Europe, as well as various local, national and international authorities - June 24, 2022The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the 2022 judicial year of the European Court of Human Rights (ECtHR), held in Strasbourg, France, attended by representatives of the highest courts of the 46 member states of the Council of Europe, as well as various local, national and international authorities - June 24, 2022
The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the 2022 judicial year of the European Court of Human Rights (ECtHR), held in Strasbourg, France, attended by representatives of the highest courts of the 46 member states of the Council of Europe, as well as various local, national and international authorities - June 24, 2022
The President of the Appeal Chamber, Mrs. Albana Shtylla, during the solemn opening hearing of the judicial year 2022 of the European Court of Human Rights (ECtHR), held in Strasbourg, France, attended by representatives of the highest courts of the 46 member states of the Council of Europe, as well as various local, national and international authorities - June 24, 2022
May 4, 2022
The President of the Appeal Chamber, Mrs. Albana Shtylla, and the AC judges welcomed today a Moldovan delegation led by the Minister of Justice, Mr. Sergiu Litvinenco, with the goal of exchanging the best practices and learning how the vetting process works, the legal framework, the mechanisms and institutions involved, implementation results, as well as the public perception of this process.
Moldova has launched an ambitious reform of the justice system aimed at fighting corruption and functioning of rule of law. One of the specially impacting reforms promised to the Moldovan public is the vetting process, the assessment of the integrity of judges and prosecutors, and ousting those judges and prosecutors who fail passing this process.
The Moldovan delegation headed by the Minister of Justice included also members of the High Judicial Council, the High Prosecution Council, as well as heads and legal advisors of the departments of these institutions, who were informed about the progress of the vetting process to date as an essential part of justice reform in Albania.
Members of the vetting institutions and representatives of the International Monitoring Operation, after a meeting with the Commissioner for Neighborhood and Enlargement in the European Commission, Mr. Oliver Varhelyi, who assessed the results of the vetting process as essential for a justice system of judges and prosecutors with integrity. The Commissioner stated in a twitter post, “Reconfirmed EU’s full & strong support. Integrity of judges & prosecutors is key to future of Albania in the EU” - April 28, 2022.
Members of the vetting institutions and representatives of the International Monitoring Operation, after a meeting with the Commissioner for Neighborhood and Enlargement in the European Commission, Mr. Oliver Varhelyi, who assessed the results of the vetting process as essential for a justice system of judges and prosecutors with integrity. The Commissioner stated in a twitter post, “Reconfirmed EU’s full & strong support. Integrity of judges & prosecutors is key to future of Albania in the EU” - April 28, 2022.
Members of the vetting institutions and representatives of the International Monitoring Operation, after a meeting with the Commissioner for Neighborhood and Enlargement in the European Commission, Mr. Oliver Varhelyi, who assessed the results of the vetting process as essential for a justice system of judges and prosecutors with integrity. The Commissioner stated in a twitter post, “Reconfirmed EU’s full & strong support. Integrity of judges & prosecutors is key to future of Albania in the EU” - April 28, 2022.
On Friday 23.07.2021, at 10:00, the Appeal Chamber reviewed in camera the case (JR) no.2/2021 dated 14.01.2021. The final decision was announced on 23.07.2021
Status: Concluded
The President of the Special Appeal Chamber, Mrs. Albana Shtylla during her speech held at the roundtable discussion “5 years of Justice Reform; Consolidation of the system through the new Inter-Sectorial Justice Strategy 2021 – 2025”- 23 July 2021
The President of the Special Appeal Chamber, Mrs. Albana Shtylla during the roundtable “5 years of Justice Reform”, organized by the Ministry of Justice, which was attended by the US Ambassador to Tirana, Her Excellency Mrs. Yuri Kim, EU Ambassador His Excellency Mr. Luigi Soreca and the heads of justice institutions - July 23, 2021
President of the Special Appeal Chamber, Mrs. Albana Shtylla during the activity on the presentation of the monitoring report of the HJC and the HCP, organized and hosted by the Albanian Helsinki Committee - 23 June 2021
President of the Special Appeal Chamber, Mrs. Albana Shtylla during the activity on the presentation of the monitoring report of the HJC and the HCP, organized and hosted by the Albanian Helsinki Committee - 23 June 2021
President of the Special Appeal Chamber, Mrs. Albana Shtylla and the Head of the OSCE Presence in Tirana, His Excellency Ambassador Vincenzo Del Monaco, during a meeting, where they discussed regarding the challenges of the re-evaluation process and the support possibilities by the OSCE for this purpose
President of the Appeal Chamber Mrs. Albana Shtylla and the German ambassador in Tirana His Excellency Mr. Peter Zingraf, during the meeting on the progress of the re-evaluation process and the importance of reviewing cases of disciplinary jurisdiction – 26 October 2020
President of the Appeal Chamber Mrs. Albana Shtylla with the Head of the High Judicial Council Mrs. Naureda Llagami, Head of the High Prosecution Council Mr. Genti Ibrahimi and the High Inspector of Justice Mr. Artur Metani, during a meeting on the actions taken regarding the proceedings and adjudication of cases within the disciplinary jurisdiction - October 2020
Representatives of the re-evaluation institutions in the joint meeting with the Commissioner for Enlargement of the European Union, Oliver Varhelyi and the Head of the International Monitoring Operation Genoveva Ruiz Calavera, where it was reiterated the strong support for the re-evaluation process - 7 October, 2020
President of the Appeal Chamber Mrs. Albana Shtylla, President of the Independent Qualification Commission Mrs. Pamela Qirko and the President of the High Judicial Council Mrs. Naureda Llagami, during the meeting coordinated for the acceleration of the re-evaluation process for the candidacies from the judicial system, for members of the High Court – 7 October, 2020
Representatives of the re-evaluation institutions in the joint meeting with the Commissioner for Enlargement of the European Union, Oliver Varhelyi and the Head of the International Monitoring Operation Genoveva Ruiz Calavera, where it was reiterated the strong support for the re-evaluation process - 7 October, 2020
Meeting with her Excellency, the US Ambassador to Albania Mrs. Yuri Kim, held in the Appeal Chamber premises, where it was discussed on the progress of the vetting process and where USA reassured their full support for the continuation of this process - 22 May 2020
Meeting with her Excellency, the US Ambassador to Albania Mrs. Yuri Kim, held in the Appeal Chamber premises, where it was discussed on the progress of the vetting process and where USA reassured their full support for the continuation of this process - 22 May 2020
Meeting at the Italian Embassy with representatives of the Italian High Council of Judiciary – November 2019
The President of the Appeal Chamber Ms. Natasha Mulaj meeting the EU Ambassador in Tirana, Mr. Luigi Soreca. The focus of the meeting was to providing priority to the vetting of the candidates for the new justice institutions - 28 June 2019
Strong support to re-evaluation bodies by EU member states representatives (COWEB/COELA) during an official visit to Tirana – 26 March 2019
The President of the Appeal Chamber Natasha Mulaj during an informative meeting with COWEB/COELA representatives, providing an overview of the vetting process so far – 26 March 2019
The President of the Appeal Chamber Ms. Natasha Mulaj during a meeting with the representatives of German Parliamentary Committee on Legal Affairs chaired by Mr. Stephan Brandner discussing on the current progress of the re-evaluation process - October 29, 2018
The President of the Appeal Chamber with the representatives of the other re-evaluation institutions and IMO representatives after a meeting with the Director for Western Balkans at the Directorate General for European Neighbourhood Policy & Enlargement Negotiations Genova Ruiz Calavera and European Commissioner for Justice, Consumers and Gender Equality Věra Jourová.
Mr. Florian Ballhysa, Public Commissioner, Ms. Natasha Mulaj, President of the Appeal Chamber, Ms. Susanne Schütz, Ambassador of the Federal Republic of Germany in Albania, Mr. Heiko Maas, German Minister of Foreign Affairs, and Ms. Genta Tafa Bungo, President of the Independent Qualification Commission, during the meeting held at the premises of the Appeal Chamber.
Public Commissioner Mr. Darjel Sina, Judge Rezarta Schuetz, Public Commissioner Florian Ballhysa, Judges Albana Shtylla, Ina Rama, Luan Daci and Ardian Hajdari, during the inauguration ceremony of the new premises of the Appeal Chamber and Public Commissioner.
The President of the Appeal Chamber Ms. Natasha Mulaj meeting US Ambassador Mr. Donald Lu
The President of the Appeal Chamber Ms. Natasha Mulaj holding the speech during the inauguration ceremony of the new premises of the Appeal Chamber and Public Commissioner.
The President of the Appeal Chamber, Mrs. Natasha Mulaj is holding a speech during the inauguration ceremony of the premises where the Independent Qualification Commission shall exercise its activity.
The President of the Appeal Chamber, Mrs. Natasha Mulaj is participating in the discussion of draft-budget of re-evaluation institutions for year 2018 at the meeting of the Parliamentary Commission of Laws
The President of the Appeal Chamber, Mrs Natasha Mulaj the Director of Albanian School of Magistrates, Mr, Sokol Sadushi and the President of the Independent Qualification Commission, Mrs. Genta Tafa Bundo are attending the ceremony on the 10-year anniversary of establishment of Commissioner’s Office on the Right to Information and Protection of Personal Data
On Wednesday, 20.07.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 34/2020, dated 10.09.2020, pertaining to the appeal of the assessee Entela Shedula against decision no. 254, dated 04.06.2020 of the Independent Qualification Commission.
The trial panel of the Appeal Chamber, composed of judges, Rezarta Schuetz presiding, Mimoza Tasi rapporteur, Albana Shtylla, Ina Rama, Natasha Mulaj members, announced the decision on case (JR) no. 55/2021, dated 04.10.2021, pertaining to the appeal of the Public Commissioner against decision no. 392, dated 28.05.2021 of the Independent Qualification Commission, related to the assessee Natasha Prifti (Shallapi).
At the conclusion of the trial, the trial panel, pursuant to Article 66, paragraph 1, item ‘b’ of Law No. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:
The amendment of decision no. 392, dated 28.05.2021 of the Independent Qualification Commission, and the dismissal from office of the assessee Natasha Prifti (Shallapi).
Today, on 04.07.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 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.
The legal representative of the assessee filed a preliminary request, through which he requested the Chamber to partially reopen the investigation and lodge certain documents attached to the submissions, not included during the re-evaluation process conducted by the Independent Qualification Commission.
The panel assessed that this request of the assessee was not a preliminary one, but it was related to the consideration of the case on the merits and it would be addressed later, during the proceedings, once the court listened to the respective submissions of the parties.
During the submission of the grounds of the appeal, the Public Commissioner held that the assessee has made an inaccurate and insufficient declaration of his assets and requested the Chamber an in-depth investigation by conducting a complete financial analysis to this regard. The Public Commissioner stated that the decision of the Independent Qualification Commission for the confirmation in office of the assessee is exposed in its entirety regarding the asset assessment criterion, but also due to a potential situation of conflict of interest during the exercise of office of Mr. Gjon Kodra. The Public Commissioner requested the Chamber to consider the appeal grounds and, after an overall evaluation of the case, to decide the amendment of decision no. 491, dated 21.12.2021, of the Independent Qualification Commission and the dismissal from office of the assessee.
During the submission of his objections, the legal representative of the assessee disputed the Public Commissioner’s appeal grounds related to the asset assessment, stating that the decision no. 491, dated 21.12.2021, of the Independent Qualification Commission, for this criterion, is accurate, objective and founded in the law. As regards the claim of the Public Commissioner for a potential conflict of interest during the exercise of his duties, the legal representative stated that it does not stand, is unfounded and beyond the legal provisions. The assessee requested the upholding of decision no. 491, dated 21.12.2021, of the Independent Qualification Commission.
After being consulted, the trial panel decided by a majority vote to request to the Public Commissioner to conduct a complete financial analysis for the case and lodge it with the Chamber by July 12, 2022. This financial analysis shall be forwarded to the assessee for acquaintance and for him to take a position.
The trial panel decided also to open the judicial investigation of the case, administering as evidence the documents related to the submissions of the assessee, part of his preliminary request filed during the beginning of the hearing.
The court decided to postpone today’s hearing to July 18, 2022, at 10:00 a.m., during which the parties must be prepared for the final conclusions.
The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
Today, on 05.07.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) 40/2020, dated 21.09.2020, pertaining to the appeal of the Public Commissioner against decision no. 256, dated 12.06.2020, of the Independent Qualification Commission related to the assessee Etleva Deda.
The Public Commissioner, during the submissions of the appeal grounds, stated that the assessee does not reach a reliable level for her confirmation in office, as she has made an inaccurate and insufficient declaration for the asset assessment criterion. The Public Commissioner requested the Chamber the amendment of decision no. 256, dated 12.06.2020, of the Independent Qualification Commission and the dismissal from office of the assessee, Mrs. Etleva Deda.
The assessee, Mrs. Etleva Deda, stated during her objections that she has managed to justify her assets with legitimate sources, and she has achieved to be reliable for the background assessment and a qualifying level for the proficiency assessment. Ms. Etleva Deda opposed the Public Commissioner, stating that some of her inaccuracies in the declaration cannot be a ground for making the extreme disciplinary measure of dismissal from office. The assessee, Mrs. Deda requested the Chamber to reopen the judicial investigation of the case, to accept as evidence some new acts, which she filed attached to today’s submissions, to dismiss the Public Commissioner’s appeal as unfounded in the law, and her confirmation in office.
After being consulted, the trial panel decided to accept as evidence the documents filed by the assessee attached to the submissions presented during today’s hearing. With regard to a public denunciation, the presiding judge stated that it does not meet the criteria of Article 53/2 of Law 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
Once the parties declared 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.
In concluding their respective submissions during today’s hearing, the Public Commissioner and the assessee stated that they ultimately stand by their requests.
The trial panel withdrew to make the final decision, to be announced on July 21, 2022, at 09:30.
The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
On Wednesday, 06.07.2022, at 10:00, the Appeal Chamber shall review in chambers the case (JR) no. 37/2020, dated 16.09.2020, pertaining to the appeal of the assessee Spartak Çoçoli against decision no. 274, dated 16.07.2020, of the Independent Qualification Commission.
The trial panel of this case consists of judges:
Presiding: Rezarta Schuetz
Rapporteur: Albana Shtylla
Members: Ina Rama, Natasha Mulaj, Mimoza Tasi
The hearing in chambers shall 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, Natasha Mulaj, presiding, Ina Rama rapporteur, Albana Shtylla, Mimoza Tasi, Sokol Çomo members, announced the decision on 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.
At the conclusion of the trial, the trial panel, pursuant to Article 66, paragraph 1, item ‘b’ of Law No. 84/2016, “On the transitional re-evaluation process of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:
The amendment of decision no. 342, dated 02.02.2021 of the Independent Qualification Commission, and the dismissal from office of the assessee Elbana Lluri.
The trial panel of the Appeal Chamber, composed of judges, Rezarta Schuetz presiding, Albana Shtylla rapporteur, Ina Rama, Natasha Mulaj, Sokol Çomo members, announced the decision on 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.
At the conclusion of the trial, the trial panel, pursuant to Article 66, paragraph 1, item ‘a’, of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:
The upholding of decision no. 393, dated 03.06.2021 of the Independent Qualification Commission, related to the assessee Gerd Hoxha.
The Appeal Chamber has registered the case (JR) no. 29/2022, dated 29.06.2022, pertaining to the appeal of the assessee Guximtar Boçi against decision no. 530, dated 10.05.2022, of the Independent Qualification Commission.
Today, on 06.07.2022, 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:
The Appeal Chamber has registered the case (JR) no. 30/2022, dated 29.06.2022, pertaining to the appeal of the assessee Matilda Shalla against decision no. 526, dated 28.04.2022, of the Independent Qualification Commission.
Today, on 06.07.2022, 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:
On Wednesday, 06.07.2022, at 10:00, the Appeal Chamber shall review in chambers the case (JR) no. 37/2020, dated 16.09.2020, pertaining to the appeal of the assessee Spartak Çoçoli against decision no. 274, dated 16.07.2020, of the Independent Qualification Commission.
The trial panel of this case consists of judges:
Presiding: Rezarta Schuetz
Rapporteur: Albana Shtylla
Members: Ina Rama, Natasha Mulaj, Mimoza Tasi
The hearing in chambers shall 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, Natasha Mulaj, presiding, Ina Rama rapporteur, Albana Shtylla, Mimoza Tasi, Sokol Çomo members, announced the decision on 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.
At the conclusion of the trial, the trial panel, pursuant to Article 66, paragraph 1, item ‘b’ of Law No. 84/2016, “On the transitional re-evaluation process of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:
The amendment of decision no. 342, dated 02.02.2021 of the Independent Qualification Commission, and the dismissal from office of the assessee Elbana Lluri.
The trial panel of the Appeal Chamber, composed of judges, Rezarta Schuetz presiding, Albana Shtylla rapporteur, Ina Rama, Natasha Mulaj, Sokol Çomo members, announced the decision on 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.
At the conclusion of the trial, the trial panel, pursuant to Article 66, paragraph 1, item ‘a’, of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, by a majority vote, decided:
The upholding of decision no. 393, dated 03.06.2021 of the Independent Qualification Commission, related to the assessee Gerd Hoxha.
The Appeal Chamber has registered the case (JR) no. 29/2022, dated 29.06.2022, pertaining to the appeal of the assessee Guximtar Boçi against decision no. 530, dated 10.05.2022, of the Independent Qualification Commission.
Today, on 06.07.2022, 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:
The Appeal Chamber has registered the case (JR) no. 30/2022, dated 29.06.2022, pertaining to the appeal of the assessee Matilda Shalla against decision no. 526, dated 28.04.2022, of the Independent Qualification Commission.
Today, on 06.07.2022, 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:
On Thursday, 28.07.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 10/2020, dated 17.02.2020, pertaining to the appeal of the assessee Arjan Balliu against decision no. 211, dated 18.11.2019 of the Independent Qualification Commission.
The trial panel of this case consists of judges:
Presiding: Natasha Mulaj
Rapporteur: Rezarta Schuetz
Members: Albana Shtylla, Ina Rama, 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 trial panel of the Appeal Chamber, consisting of judges, Rezarta Schuetz presiding, Albana Shtylla rapporteur, Ina Rama, Mimoza Tasi, Natasha Mulaj members, announced the decision on case (JR) no. 37/2020, dated 16.09.2020, pertaining to the appeal of the assessee Spartak Çoçoli against decision no. 274, dated 16.07.2020 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:
The upholding of decision no. 274, dated 16.07.2020 of the Independent Qualification Commission, related to the assessee Spartak Çoçoli.
The Appeal Chamber, composed of judges, Albana Shtylla, president, Ina Rama, Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz, Sokol Çomo, members, announced the decision on case (JD) no. 3/2021, dated 30.04.2021, pertaining to the appeal of the petitioner Bujar Memia against decision no. 81, dated 31.03.2021 of the High Prosecutorial Council, with interested parties, the High Prosecutorial Council and the High Inspector of Justice.
At the conclusion of the trial, the Appeal Chamber, pursuant to Article 131, paragraph 1 (f) and Article 134, paragraph 1 (i) of the Constitution, and Articles 71 and 72 of Law no. 8577, dated 10.02.2000, “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended, unanimously decided:
The rejection of the appeal of magistrate Bujar Memia, against decision no. 81, dated 31.03.2021, of the High Prosecutorial Council “On issuing a disciplinary measures against the prosecutor Bujar Memia”.
This decision is final, binding and enters into force on the date of its publication in the Official Gazette.
The Appeal Chamber announces that the hearing in chambers of case (JR) no. 29/2020, dated 16.07.2020, pertaining to the appeal of the assessee Ardit Mustafaj against decision no. 245, dated 05.03.2020 of the Independent Qualification Commission, scheduled to be held on 05.07.2022, at 10:00, due to objective reasons of the International Observer, shall take place on Wednesday, 13.07.2022, at 10:00.
The Appeal Chamber announces that today, on 13.07.2022, after considering in chambers the case (JR) no. 29/2020, dated 16.07.2020, pertaining to the appeal of the assessee Ardit Mustafaj against decision no. 245, dated 05.03.2020 of the Independent Qualification Commission, pursuant to Article 51, paragraph 1 (b) of Law no. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided to transfer the review of the case to a public hearing, to be held on 27.07.2021, at 09:00.
The trial in a public hearing was decided to remedy the procedural violations of the proceedings carried out by the Independent Qualification Commission, as well as the correct finding of the factual situation of the case. Also, the Appeal Chamber decided to request to the Independent Qualification Commission to forward any act administered during the administrative investigation that is not part of the case file lodged with the Chamber, according to the inventory list accompanying it.
Today, on 27.06.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 35/2020, dated 11.09.2020, pertaining to the appeal of the Public Commissioner against decision no. 255, dated 08.06.2020, of the Independent Qualification Commission, related to the assessee Ludovik Dodaj.
The presiding judge informed the parties at trial that following the interim decision of the trial panel of the previous hearing, the Chamber has received and forwarded to the parties the court file of the Durres Judicial District Court, to the purpose of the review of the case.
Once the parties confirmed the acquaintance with the file and after declaring that they had no other procedural requests, the trial panel decided to close the judicial investigation of the case.
During the submission of the final conclusions, the Public Commissioner stated that the assessee, even following the filed evidence, failed to prove the opposite of the appeal on the asset assessment, being found in the conditions of insufficient declaration and lack of legitimate sources to justify the assets.
Referring to ethics and commitment to professional values, the Public Commissioner assessed that the appeal grounds about the asset assessment are sufficient to request the dismissal from office of the assessee, Mr. Ludovik Dodaj. As regards the court file of the Durres Judicial District Court, the Public Commissioner held that following its analysis, it did not appear that the assessee had been part of the prosecution body during the proceedings of the court case, which could put him in a situation of conflict of interest during the exercise of office. The Public Commissioner requested the Chamber the amendment of decision no. 255, dated 08.06.2020, of the Independent Qualification Commission and the dismissal from office of the assessee.
The legal representative of the assessee, Mr. Ludovik Dodaj, opposed the Public Commissioner’s appeal grounds related to the asset assessment, stating that the assessee has managed to prove the legitimacy of the sources for the creation of his property. With regard to court file of Durres Judicial District Court, the legal representative stated that the provided documentation proves clearly that there is no circumstance that would place the assessee in terms of conflict of interest, in reference to the proficiency assessment criterion. The assessee requested the Chamber to uphold decision no. 255, dated 08.06.2020, of the Independent Qualification Commission and his confirmation in office.
After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision, to be announced on 14.07.2022, at 13:30.
The public hearing will take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
Today, on 18.07.2021, at 10:00, the Appeal Chamber held the public hearing of case (JR) no. 9/2022, dated 15.02.2022, corresponding 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.
Following the previous hearing, after confirming the acquaintance with the complete financial analysis drafted by the Public Commissioner, the legal representative of assessee held his position with its regard. The legal representative stated that, with respect to the asset assessment criterion, the assessee manages to prove indisputably that it is a matter of inaccuracy of declaration and not an attempt to conceal the income.
Then, the International Observer of the International Monitoring Operation, referring to the findings submitted by him related to the background assessment, made some clarifying questions to the assessee relating to this criterion.
With regard to the public denunciations, the Public Commissioner stated that no such causes were found, which would make their further examination necessary.
After being consulted, the presiding judge stated that there are no facts or circumstances in the content of the public denunciations that may be considered valid to meet the criteria of Article 53 of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
The trial panel decided to verify at the source, at the institution where it was administered, the information upon which the finding filed by the IO for the background assessment was based, related to the decision of the Independent Qualification Commission. Since this action will be carried out for the administration of a classified information, it shall be carried out without the presence of the parties attending this trial. In order to carry out these actions, the hearing will be postponed to July 22, 2022, at 08.30.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
The Appeal Chamber announces that today, on 20.07.2022, after considering in chambers the case (JR) no. 34/2020, dated 10.09.2020, pertaining to the appeal of the assessee Entela Shedula against decision no. 254, dated 04.06.2020 of the Independent Qualification Commission, pursuant to 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”, and Article 51, paragraph 1 (b), of Law no. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided to transfer the review of the case to a public hearing, to take place on Wednesday, 14.09.2022, at 10:00.
The trial in a public hearing was decided in order to remedy the procedural violations of the Independent Qualification Commission.
The Appeal Chamber announces that today, on 20.07.2022, after considering in chambers the case (JR) no. 34/2020, dated 10.09.2020, pertaining to the appeal of the assessee Entela Shedula against decision no. 254, dated 04.06.2020 of the Independent Qualification Commission, pursuant to 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”, and Article 51, paragraph 1 (b), of Law no. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided to transfer the review of the case to a public hearing, to take place on Wednesday, 14.09.2022, at 10:00.
The trial in a public hearing was decided in order to remedy the procedural violations of the Independent Qualification Commission.
The trial panel of the Appeal Chamber consisting of judges, Rezarta Schuetz presiding, Albana Shtylla rapporteur, Natasha Mulaj, Mimoza Tasi, Sokol Çomo members, announced the decision on case (JR) no. 40/2020, dated 21.09.2020, corresponding to the appeal of the Public Commissioner against decision no. 256, dated 12.06.2020, of the Independent Qualification Commission, related to the assessee Etleva Deda.
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:
Upholding decision no. 256, dated 12.06.2020 of the Independent Qualification Commission, related to the assessee Etleva Deda.
Today, on 22.07.2021, at 08:30, the Appeal Chamber held the public hearing of case (JR) no. 9/2022, dated 15.02.2022, corresponding 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.
Pursuant to the interim decision of the previous hearing dated July 18, 2022, the presiding judge announced that the trial panel has verified at the source the information on which the finding of the International Observer for the background assessment was based.
Subsequently, the presiding judge declared the closure of the judicial investigation and invited the parties to submit the final conclusions of the case.
During the submission of the final conclusions, the Public Commissioner stated that the assessee has failed to prove the contrary of the appeal, that he has made an inaccurate and insufficient declaration of assets and that he has failed to justify the legitimate sources for the creation of his properties.
As regard the background assessment, the Public Commissioner, in accordance with the IMO recommendation, the written submissions of the hearing dated July 4, 2022, as well as with the content of the IO finding, which, under Article 49, paragraph 10, of Law no. 84/2016, constitutes evidence that proves a fact, circumstance or legal standard, assesses that even though the method and time of the contact in this case constitutes a mitigating circumstance, it must be evaluated in terms of Article 4, paragraph 2, of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
In conclusion, the Public Commissioner requested the Chamber the amendment of decision no. 491, dated 21.12.2021, of the Independent Qualification Commission and the dismissal from office of the assessee Gjon Kodra.
The legal representative of the assessee stated that during the AC proceedings, the assessee has managed to indisputably prove the legitimacy of the sources of the creation of the assets, passing the assessment test for this criterion. The legal representative stated that the assessee has reached a reliable assessment for the background assessment and has reached a good qualifying level in the proficiency assessment. Finally, the legal representative requested the Chamber the upholding of decision no. 491, dated 21.12.2021, of the Independent Qualification Commission, and the confirmation in office of the assessee Gjon Kodra.
After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision of the case, to be announced on July 27, 2022, at 15:00.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
On Monday, 25.07.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 27/2020, dated 09.07.2020, pertaining to the appeal of the assessee Gjovalin Përnoca against decision no. 196, dated 13.09.2019, 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 shall take place in the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
The trial panel of the Appeal Chamber, consisting of judges Albana Shtylla presiding, Natasha Mulaj rapporteur, Mimoza Tasi, Rezarta Schuetz, Sokol Çomo members, announced the decision on case (JR) no. 27/2020, dated 09.07.2020, corresponding to the appeal of the assessee Gjovalin Përnoca against decision no. 196, dated 13.09.2019 of the Independent Qualification Commission.
At the conclusion of the trial in chambers, 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:
Upholding decision no. 196, dated 13.09.2019, of the Independent Qualification Commission, related to the assessee Gjovalin Përnoca.
On 26.07.2022, at 10:00, the Appeal Chamber held the public hearing of case (JR) 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 assessee was heard as he submitted his objections to decision no. 237, dated 12.02.2020 of the Independent Qualification Commission, stating that it is an erroneous decision, containing several legal issues. The assessee requested the reopening of the judicial investigation of the case and the collection as evidence of several new acts attached to his submissions and lodged with the Chamber on 26.04.2022.
After the assessee responded to some questions of the case rapporteur in the context of the examination of the case, the trial panel, after being consulted, decided by a majority vote to reject the request for opening the judicial investigation and collecting as new evidence the documents filed by the assessee with the AC, on 26.04.2022, as the assessee failed to prove that he is found under the criteria provided for in Article 47 of Law no. 49/2012 “On the organization and functioning of administrative courts and the adjudication of administrative disputes”, as amended, which would legitimize the late submission of these acts, due to circumstances that occurred without his fault.
The trial panel assessed also the possibility of an ex officio administration of these acts, concluding that their probative value and impact on the resolution of the case is not such as to legitimize their collection as evidence, according to Articles 45 and 49, paragraph 6, of Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”.
Following the statement of the assessee that he had no other additional requests, the trial panel decided to close the judicial investigation of the case and invited the assessee to submit the final conclusions.
Finally the assessee requested the AC the amendment of decision no. 237, dated 12.02.2020 of the Independent Qualification Commission, as a decision made upon erroneous premises and considerations, lacking the observance of the principle of objectivity and proportionality.
After hearing the final request of the assessee, the panel withdrew to make the final decision of the case, to be announced on 29.07.2022, at 10:30.
The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
On 27.07.2022, at 09:00, the Appeal Chamber held the public hearing of case (JR) 29/2020, dated 16.07.2020, pertaining to appeal of the assessee Ardit Mustafaj against decision no. 245, dated 05.03.2020 of the Independent Qualification Commission. The assessee was heard by the trial panel, as he submitted his objections to the IQC decision no. 245, dated 05.03.2020, holding that this decision, based on grounds related to only one criterion, the assets’ one, is biased, contains erroneous findings, is arbitrary and it is entirely contrary to the principle of proportionality. The assessee requested the re-opening of the judicial investigation and the collection as evidence of some new acts, for which he stated that it was not his fault they were not filed during the administrative process to the Independent Qualification Commission. Subsequently, the trial panel, after being consulted, decided: – To open the judicial investigation and administer in the case file the acts forwarded by the IQC. – By a majority vote, based on Article 47 of Law 49/2012 as well as Articles 45 and 49 of Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, to administer in the capacity of evidence the acts that the assessee filed with the appeal, in his submissions and in the explanations filed in today’s hearing, related to the facility “building”, 1+1, in Saranda. – Administer in the case file an expert report, drafted in February 2020, filed in today’s hearing, despite the fact that it does not constitute new evidence. – By a majority vote, to accept as evidence the documents related to the spouse income from teaching, the donations from the parents of the related person, the savings deposit in the Savings Bank, specified in the explanations filed in today’s hearing. – As regards the acts entitled as “other documents”, the trial panel considers them as procedural acts administered in the case file, in view of the decision it made for the consideration of this case in a public hearing. – The trial panel decided to reject to accept as evidence the acts that do not meet the requirements of Article 47 of Law 49/2012 and which are considered unnecessary, in the sense of Article 49 of Law 84/2016, related to a loan obtained by the assessee, the reduction of living costs, and the disproportionality of the intervention in private and family right, specified in the explanations filed in today’s hearing, as well as those filed today by the assessee in relation to the loan. Following the above interim decision, given that the assessee had no other procedural requests, the trial panel decided to close the judicial investigation of the case and invited the assessee to submit his final conclusions. During the presentation of the final conclusions, the assessee requested the Chamber the overruling of the conclusions of the Independent Qualification Commission for insufficient declaration and lack of legitimate sources related to the asset assessment, since, according to him, they are contrary to the Constitution, the law and the AC case-law. Referring to the IQC decision, the assessee stated that the measure of his removal from office is not proportional in relation to the purpose that Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania” aims to achieve. Finally, the assessee requested the amendment of the IQC decision no. 245, dated 05.03.2020 and the confirmation in office, by amending the IQC conclusions for the asset assessment criterion, evaluating that he has reached a reliable level in this criterion as well. After hearing the final request of the assessee, the trial panel withdrew to make the final decision, to be announced on September 21, 2022, at 13:00. 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, consisting of judges, Albana Shtylla presiding, Natasha Mulaj rapporteur, Mimoza Tasi, Rezarta Schuetz, Sokol Çomo members, announced the decision on 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.
At the conclusion of the trial, the trial panel, 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:
The amendment of decision no. 491, dated 21.12.2021 of the Independent Qualification Commission and the dismissal from office of assessee Gjon Kodra.
On Thursday, 28.07.2022, at 10:00, the Appeal Chamber shall review in chambers case (JR) no. 10/2020, dated 17.02.2020, pertaining to the appeal of the assessee Arjan Balliu against decision no. 211, dated 18.11.2019 of the Independent Qualification Commission.
The trial panel of this case consists of judges:
Presiding: Natasha Mulaj
Rapporteur: Rezarta Schuetz
Members: Albana Shtylla, Ina Rama, 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 trial panel of the Appeal Chamber, consisting of judges, Natasha Mulaj presiding, Rezarta Schuetz, rapporteur, Albana Shtylla, Ina Rama, Sokol Çomo, members, announced the decision on case (JR) no. 10/2020, dated 17.02.2020, corresponding to the appeal of the assessee Arjan Balliu against decision no. 211, dated 18.11.2019 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:
Upholding decision no. 211, dated 18.11.2019 of the Independent Qualification Commission, related to the assessee Arjan Balliu.
The trial panel of the Appeal Chamber, consisting of judges, Ina Rama, presiding, Sokol Çomo rapporteur, Albana Shtylla, Natasha Mulaj, Rezarta Schuetz, members, announced the decision on case (JR) no. 31/2020, dated 30.07.2020, corresponding to the appeal of the assessee Adnand Xhelili against decision no. 237, dated 12.02.2020 of the Independent Qualification Commission.
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”, unanimously decided:
Upholding decision no. 237, dated 12.02.2020 of the Independent Qualification Commission, related to the assessee Adnand Xhelili.
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.
