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Today, on 25.01.2023, at 12:00 the Appeal Chamber held the public hearing of case (JR) 47/2020, dated 22.10.2020, pertaining to the appeal of the Public Commissioner against decision no. 264, dated 17.06.2020, of the Independent Qualification Commission related to the assessee Elona Toro.

At the termination of the final conclusions, the Public Commissioner requested the Chamber the amendment of decision no. 264, dated 17.06.2020, of the Independent Qualification Commission and the dismissal from office of the assessee, after assessing that the assessee, Mrs. Elona Toro fails to cover with legitimate income a part of her assets.

In her conclusions, the assessee requested the Chamber to uphold decision no. 264, dated 17.06.2020, of the Independent Qualification Commission, after conducting a fair and comprehensive assessment of the case, in accordance with the objectivity and proportionality principles.

After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision of the case, to be announced on February 2, 2023, at 13:00.

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

Today, on 24.01.2023, at 10:00 the Appeal Chamber held the public hearing of case (JR) 49/2020, dated 16.11.2020, pertaining to the appeal of the Public Commissioner against decision no. 275, dated 20.07.2020, of the Independent Qualification Commission, related to the assessee Enkeleda Osmani (Xhengo).

During the submission of the appeal grounds related to the asset assessment, the Public Commissioner stated that the assessee, Mrs. Enkeleda Osmani (Xhengo) is found in terms of an incorrect and insufficient declaration and that she failed to reach a reliable level for confirmation in office. The Public Commissioner requested the amendment of decision no. 275, dated 20.07.2020, of the Independent Qualification Commission and the dismissal from office of the assessee.

The legal representative of the assessee submitted his objections to the appeal grounds and requested the Chamber to evaluate and take them into consideration during the financial analysis. The legal representative requested the reopening of the judicial investigation of the case, the collection as evidence of some new acts that he submitted during today’s hearing, and requested the Chamber as well to confirm in office the assessee, Mrs. Enkeleda Osmani (Dzhengo), after assessing that she reaches a reliable level in the asset assessment.

After being consulted, the trial panel decided to open the judicial investigation of the case and to accept as evidence the new documents filed by the assessee. With regard to some denunciations lodged with the AC, the court assessed that they do not contain facts and circumstances for further investigation.

Regarding the new evidence, the Public Commissioner held that he will maintain his position during the submission of the final conclusions.

Once the parties stated that they had no other procedural requests, the court decided to close the judicial investigation of the case and invited the parties to submit the final conclusions at the next hearing, on 03.02.2023, at 10:00.

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

On Wednesday, 15.03.2023, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 46/2020, dated 19.10.2020, pertaining to the appeal of the assessee Nure Dreni against decision no. 263, dated 17.06.2020 of the Independent Qualification Commission.

The trial panel of this case consists of judges:

Presiding: Natasha Mulaj

Rapporteur: Rezarta Schuetz

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 07.02.2023, at 10:00, the Appeal Chamber held the public hearing of case (JR) 24/2022, dated 03.06.2022, pertaining to the appeal of the Public Commissioner against decision no. 519, dated 25.03.2022, of the Independent Qualification Commission related to the assessee Kastriot Gramshi.

The assessee, Mr. Kastriot Gramshi submitted a preliminary request, through which he requested that during the trial at the Chamber, in addition to Av. Julian Mërtiri, he shall also be represented by the foreign national, Ms. Kathleen Ann Imholz.

With regard to this request, the Public Commissioner stated that under Article 176 of the Civil Procedure Code, the decision on the legitimacy of the parties in the proceedings is left with the court.

Following the examination of the documentation attached to the request, the court decided to reject it, on grounds that the conditions of Article 23 of Law 55/2018 “On the profession of lawyer in the Republic of Albania” are not met.

The assessee submitted another preliminary request, through which he requested the AC to determine the applicable legislation in the framework of the transitional re-evaluation process of judges and prosecutors in the Republic of Albania.

With regard to this request, the Public Commissioner stated that the jurisdiction of the Chamber is determined by the Constitution, Law 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as the auxiliary legislation of the proceedings.

The panel assessed that this request does not fall within the circle of preliminary requests; nevertheless it clarified that the legislation applicable by the Chamber is determined by the Annex to the Constitution, Law no. 84/2016 “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as any other law auxiliary to the process.

During the submission of the appeal grounds related to the asset assessment, the Public Commissioner stated that the assessee is found in terms of incorrect and insufficient declaration and that he fails to justify his assets with legitimate sources. The Public Commissioner considered that referring to the state of the evidence, the assessee fails to reach a reliable level for the asset assessment, and therefore he requested the amendment of decision no. 519, dated 25.03.2022, of the Independent Qualification Commission and the dismissal from office of the assessee, Mr. Kastriot Gramshi.

The legal representative of the assessee contested the Public Commissioner’s appeal grounds, assessing that the claims brought therein do not stand and that they are supported on the wrong interpretation of the law. The legal representative held that the assessee reaches a reliable level in the asset and background assessment, as well as a good qualifying level in the proficiency assessment, therefore, he requested the upholding of decision no. 519, dated 25.03.2022, of the Independent Qualification Commission, related to the assessee Kastriot Gramshi.

The assesse, along with the submissions, filed several new documents, one of which was accepted as evidence by the court, while the others were dismissed, but since they are to be found in open official sources, the court shall access and consider them, in view of Article 49, paragraph 4, of Law no. 84/2016.

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.

At the request of the assessee for sufficient time for the preparation of the final conclusions, the panel decided to adjourn the hearing to February 14, 2023, 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 14.02.2023, at 15:00, the Appeal Chamber held the public hearing of case (JR) 24/2022, dated 03.06.2022, pertaining to the appeal of the Public Commissioner against decision no. 519, dated 25.03.2022, of the Independent Qualification Commission, related to the assessee Kastriot Gramshi.

During the submission of the final conclusions, the Public Commissioner stated that even after the new acts and submissions filed in the previous hearing, the assessee failed to prove the inaccuracy of declaration and insufficiency of documentation of income to justify his assets with legitimate sources.

At the termination of the final conclusions, the Public Commissioner, on the basis as of the recommendation of the International Monitoring Operation as well, requested the Chamber the amendment of decision no. 519, dated 25.03.2022, of the Independent Qualification Commission and the dismissal from office of the assessee.

During the submission of the final conclusions, the assessee stated the objective impossibility of providing the relevant documentation, considered that the recommendation of the International Monitoring Operation, as well as the appeal of the Public Commissioner had not determined the legal basis on which they supported the appeal, and that the claims of the Public Commissioner are not grounded on facts and evidence.

In the termination of the final conclusions, the assessee, and his legal representative, considered that decision no. 519, dated 25.03.2022 of the Independent Qualification Commission is fair and requested the Chamber to uphold it.

After hearing the final conclusions of the parties, the trial panel withdrew to make the final decision, to be announced on March 2, 2023, at 15:30.

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

On Tuesday, 21.02.2023, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 1/2021, dated 08.01.2021, which pertains to the appeal of the assessee Fjoralba Prifti against decision no. 299, dated 17.09.2020 of the Independent Qualification Commission.

The trial panel of this case consists of judges:

Presiding: Albana Shtylla

Rapporteur: Ina Rama

Members: Natasha Mulaj, Mimoza Tasi, Rezarta Schuetz

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, composed of judges, Albana Shtylla presiding, Ina Rama rapporteur, Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz members, announced the decision on case (JR) no. 1/2021, dated 08.01.2021, pertaining to the appeal of the assessee Fjoralba Prifti against decision no. 299, dated 17.09.2020 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:

1. The upholding of decision no. 299, dated 17.09.2020 of the Independent Qualification Commission, related to the assessee Fjoralba Prifti.

2. This decision is final and effective immediately.

Announced in Tirana, today, on 21.02.2023.

The Appeal Chamber has registered the case (JR) no. 7/2023, dated 14.02.2023, pertaining to the appeal of the Public Commissioner against decision no. 605, dated 21.12.2022, of the Independent Qualification Commission, related to the assessee Armida Hamiti (Moçka).

Today, on 21.02.2023, the Appeal Chamber held the lot procedure to appoint the trial panel, the presiding judge and the case rapporteur.

The trial panel appointed by lot is composed of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Sokol Çomo

Members: Natasha Mulaj, Ina Rama, Mimoza Tasi

On Wednesday, 22.02.2023, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 57/2020, dated 07.12.2020, pertaining to the appeal of the assessee Lindita Hoxha against decision no. 289, dated 06.08.2020 of the Independent Qualification Commission.

The trial panel of this case consists of judges:

Presiding: Natasha Mulaj

Rapporteur: Albana Shtylla

Members: Ina Rama, 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 trial panel of the Appeal Chamber, composed of judges, Natasha Mulaj, presiding, Albana Shtylla, rapporteur, Ina Rama, Mimoza Tasi, Sokol Çomo, members, announced the decision on case (JR) no. 57/2020, dated 07.12.2020, pertaining to the appeal of the assessee Lindita Hoxha against decision no. 289, dated 06.08.2020 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”, by a majority vote decided:

1. The upholding of decision no. 289, dated 06.08.2020 of the Independent Qualification Commission, related to the assessee Lindita Hoxha.

2. This decision is final and effective immediately.

Announced in Tirana, today, on 22.02.2023.

The trial panel of the Appeal Chamber, consisting of judges, Sokol Çomo presiding, Natasha Mulaj rapporteur, Albana Shtylla, Ina Rama, Rezarta Schuetz members, announced the decision on case (JR) no. 7/2021, dated 28.01.2021, pertaining to the appeal of the Public Commissioner against decision no. 287, dated 04.08.2020 of the Independent Qualification Commission, related to the assessee, Anita Mici.

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:

1. Amendment of decision no. 287, dated 04.08.2020 of the Independent Qualification Commission and the dismissal from office of the assessee Anita Mici.

2. This decision is final and effective immediately.

Announced in Tirana, today, on 23.02.2023.