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4 - Public hearing
All day 2024.03.04 Today, on 04.03.2024, at 10:00, the Appeal Chamber held the public hearing of case (JR) 72/2021, dated 23.11.2021, pertaining to the appeal of the Public Commissioner against decision no. 442, dated 14.09.2021, of the Independent Qualification Commission, related to the assessee Juljan Çafka. The assessee submitted some additional documents, which were accepted as evidence by the trial panel, and listed all the documentation submitted in view of the review of the case by the Appeal Chamber. Once the parties stated that they had no other procedural requests, the trial panel decided to close the judicial investigation of the case and invited the parties to submit their final conclusions. The Public Commissioner held that with regard to the proficiency assessment, the identified shortcomings are mostly related to elements that regard the organizational skills of the assessee and that they are such that may be corrected through a training program at the School of Magistracy. According to the Public Commissioner, the one-year duration of this training program enables objectively the Chamber, within its constitutional mandate, to re-assess the fulfillment of the professional deficiencies of the assessee in a public hearing, where the constitutional competences of the Public Commissioner, under the provision of Article 179/b, paragraph 8 of the Constitution, shall be exercised by the Head of the Special Prosecution office (SPAK). Finally, the Public Commissioner requested the amendment of decision no. 442, dated 14.09.2021, of the Independent Qualification Commission for the confirmation in office of the assessee Julian Çafka, his suspension from office for a period of one year and the obligation to follow the training program, according to the curricula approved by the School of Magistrates. The Public Commissioner requested also the transfer of two criminal cases for inspection by the HIJ, as decided by the Independent Qualification Commission, for which the Prosecution Office at Gjirokastra Judicial District Court had decided, respectively, the dismissal and non-initiation of the criminal proceedings. The assessee, referring to the filed evidence, requested the Chamber the upholding of decision no. 442, dated 14.09.2021, of the Independent Qualification Commission and his reconfirmation in office. After hearing the final conclusions of the parties, the trial panel closed the judicial review of the case and withdrew to take the final decision, to be announced on 05.04.2024, at 12:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
All day 2024.03.04 On Tuesday, 02.04.2024, at 10:00, the Appeal Chamber shall consider in chambers the case pertaining to the petition of Mr. Artor Ylli for the revision of decision no. 31, dated 20.11.2019 of the Appeal Chamber. The trial panel of this case shall consist of judges: Presiding: Natasha Mulaj Rapporteur: Ina Rama Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo The hearing in chambers shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 5 - Camera hearing
All day 2024.03.05 On Tuesday, 05.03.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 28/2023, dated 04.07.2023, pertaining to the appeal of the assessee Petraq Çuri against decision no. 658, dated 12.05.2023 of the Independent Qualification Commission. The trial of this case consists of judges: Presiding: Rezarta Schuetz Rapporteur: Mimoza Tasi Members: Ina Rama, Natasha Mulaj, Sokol Çomo The hearing in chambers will take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Decision day
All day 2024.03.05 The trial panel of the Appeal Chamber, composed of judges Rezarta Schuetz, presiding, Mimoza Tasi, rapporteur, Ina Rama, Natasha Mulaj, Sokol Çomo, members, announced the decision on case no. 28/2023, dated 04.07.2023, pertaining to the appeal of the assessee Petraq Çuri against decision no. 658, dated 12.05.2023 of the Independent Qualification Commission. At the conclusion of the trial, the trial panel, pursuant to Article 4, paragraph 6, of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, as well as Article 95 of the Administrative Procedures Code, by a majority vote, decided: Completion of the vetting process for the assessee Petraq Çuri without a final decision on the case, as the object and purpose of this process has become impossible. Announced in Tirana, today, on 05.03.2024.
| 6 | 7 - Public hearing
All day 2024.03.07 Today, on 07.03.2024, at 10:00, the Appeal Chamber held the public hearing of case (JR) 3/2023, dated 17.01.2023, pertaining to the appeal of the Public Commissioner against decision no. 592, dated 24.11.2022, of the Independent Qualification Commission, related to the assessee Erion Pano. The Public Commissioner, during the submission of the appeal grounds, held that the assessee is found in terms of incorrect and insufficient declaration of assets and that he fails to prove the legitimacy of the sources of its creation. The Public Commissioner also found issues in the framework of the proficiency assessment, with regard to which she stated that if they are taken into account in the overall assessment of the case, they may lead to a decision different from the decision on the confirmation in office of the Independent Qualification Commission, decision no. 592, dated 24.11.2022. The Public Commissioner requested the amendment of decision no. 592, dated 24.11.2022, of the Independent Qualification Commission and the dismissal from office of the assessee Erion Pano. The assessee opposed the appeal of the Public Commissioner, stating that the claims raised by her with respect to the asset and proficiency assessment are not supported in evidence and law. The assessee requested the upholding of decision no. 592, dated 24.11.2022, of the Independent Qualification Commission and his confirmation in office. The Public Commissioner and the assessee responded to some questions of the rapporteur in view of the examination of the case. The Public Commissioner, invited by the case rapporteur, made available to the trial panel and assessee a copy of the financial analysis for the years 2005-2007. Once the parties stated that they had no other procedural requirements, the trial panel decided to close the judicial investigation of the case and invited the parties to submit their final conclusions at the next hearing, to be held on 04.04.2024, at 10:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
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11 - Public hearing
All day 2024.03.11 The Appeal Chamber held on 11.03.2024, at 10:00, the public hearing of case number (JR) 42 – 17/ 2018, dated 11.04.2023, pertaining to the petition of the former assessee, Ms. Antoneta Sevdari for the revision of decision (JR) no. 6, dated 28.02.2019 of the Appeal Chamber. The legal representative of Ms. Antoneta Sevdari, referring to the ECtHR decision “Sevdari v. Albania” submitted the circumstances on which her petition was supported and in conclusion, requested the Appeal Chamber to accept the petition for the revision of decision (JR) no. 6, dated 28.02.2019 of the Appeal Chamber, the quashing of this decision and the upholding of decision no. 42, dated 18.07.2018 of the Independent Qualification Commission, which decided the confirmation in office of Ms. Antoneta Sevdari, or, alternatively, the re-opening of the vetting process, the overruling of decision no. 6, dated 28.02.2019 of the Appeal Chamber and upholding decision no. 42, dated 18.07.2018 of the Independent Qualification Commission. The Public Commissioner Ms. Irena Nino assessed legitimate the petition of Ms. Antoneta Sevdari for the revision of the decision (JR) no. 6, dated 28.02.2019 of the Appeal Chamber and held that the acceptance of this petition is within the Appeal Chamber powers, as well as its decision-making with its regard. Following some questions of the case rapporteur addressed to the petitioner and the Public Commissioner regarding the clarifications of the respective requests and after being consulted, the trial panel, by a majority vote, decided to accept the request of the petitioner Antoneta Sevdari for the revision of decision (JR ) no. 6, dated 28.02.2019 of the Appeal Chamber; overruling decision (JR) no. 6, dated 28.02.2019 of the Appeal Chamber and the retrial of the re-evaluation jurisdiction case (JR) no. 17, dated 13.09.2018, which pertains to the appeal of the Public Commissioner against the decision of the Independent Qualification Commission no. 42, dated 18.07.2018; taking measures to withdraw the case file from the Independent Qualification Commission. The public hearing for the continuation of the trial of the case on the merits shall take place on 17.04.2024, at 10:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 12 | 13 - Announcement
All day 2024.03.13 On Wednesday, 24.04.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 35/2023, dated 24.07.2023, pertaining to the appeal of the assessee Lazër Sallaku against decision no. 667, dated 26.05.2023 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Rezarta Schuetz Rapporteur: Mimoza Tasi Members: Albana Shtylla, Ina Rama, Natasha Mulaj 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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18 - Camera hearing
All day 2024.03.18 On Monday, 18.03.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 64/2021, dated 02.11.2021, pertaining to the appeal of the assessee Adelina Zarka against decision no. 446, dated 16.09.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Sokol Çomo Rapporteur: Albana Shtylla Members: Ina Rama, Mimoza Tasi, Natasha Mulaj The hearing in chambers shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcements
All day 2024.03.18 The Appeal Chamber has registered case (JR) 8/2024, dated 06.03.2024, pertaining to the appeal of the Public Commissioner against decision no. 729, dated 10.01.2024, of the Independent Qualification Commission related to the assessee Zena Lila. On 18.03.2024, the Appeal Chamber held the lot procedure for the appointment of the trial panel, the presiding judge of this panel and the case rapporteur. The trial panel appointed by lot is composed with the following judges: Presiding: Ina Rama Rapporteur: Mimoza Tasi Members: Sokol Çomo, Rezarta Schuetz, Albana Shtylla *************************************************************************** The Appeal Chamber has registered case (JR) 9/2024, dated 12.03.2024, pertaining to the appeal of the assessee Françeskina Lekani against decision no. 721, dated 06.12.2023, of the Independent Qualification Commission. On 18.03.2024, the Appeal Chamber held the lot procedure for the appointment of the trial panel, the presiding judge of this panel and the case rapporteur. The trial panel appointed by lot is composed with the following judges: Presiding: Natasha Mulaj Rapporteur: Ina Rama Members: Sokol Çomo, Rezarta Schuetz, Albana Shtylla ************************************************************************* The Appeal Chamber has registered case (JR) 10/2024, dated 12.03.2024, pertaining to the appeal of the assessee Avni Sejdi against decision no. 733, dated 19.01.2024, of the Independent Qualification Commission. On 18.03.2024, the Appeal Chamber held the lot procedure for the appointment of the trial panel, the presiding judge of this panel and the case rapporteur. The trial panel appointed by lot is composed with the following judges: Presiding: Sokol Çomo Rapporteur: Ina Rama Members: Rezarta Schuetz, Albana Shtylla, Mimoza Tasi ***************************************************************************** On 18.03.2024, the Appeal Chamber held the lot procedure for the replacement of judge Ardian Hajdari, appointed as panel member in case (JR) no. 70/2021, dated 16.11.2021, pertaining to the appeal of the assessee Lindita Sinanaj against decision no. 417, dated 08.07.2021, of the Independent Qualification Commission. The replacement of judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber Following the lot procedure for the appointment of the panel member, the trial panel of case (JR) no. 70/2021, dated 16.11.2021, shall consists of the following judges: Presiding: Sokol Çomo Rapporteur: Ina Rama Members: Rezarta Schuetz, Albana Shtylla, Mimoza Tasi ************************************************************************* On Thursday, 18.04.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 35/2021, dated 29.06.2021, pertaining to the appeal of the assessee Tasim Puci against decision no. 366, dated 15.04.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Albana Shtylla Rapporteur: Rezarta Schuetz Members: Ina Rama, Mimoza Tasi, Sokol Çomo The hearing in chambers shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement of decision
All day 2024.03.18 The trial panel of the Appeal Chamber, composed of judges, Sokol Çomo presiding, Albana Shtylla rapporteur, Ina Rama, Mimoza Tasi, Natasha Mulaj members, announced the decision on case no. 64/2021, dated 02.11.2021, pertaining to the appeal of the assessee Adelina Zarka against decision no. 446, dated 16.09.2021 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. 446, dated 16.09.2021 of the Independent Qualification Commission, related to the assessee Adelina Zarka. – This decision is final and effective immediately. Announced in Tirana, today on 18.03.2024.
| 19 - Camera hearing
All day 2024.03.19 The Appeal Chamber held on 19.03.2024 the hearing in chambers of case no. 20/2021 (JR), dated 21.04.2021, pertaining to the appeal of the assessee Bib Ndreca against decision no. 337, dated 18.01.2021 of the Independent Commission of Qualification. The trial panel, following the consideration of the case in chambers, 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”, as well as Article 51, paragraph 1 (b) of Law 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided the consideration of the case in a public hearing, with the aim of fully ascertaining the factual situation regarding the legitimate source of the loan of the lender P.N. in the amount of ALL 5,500,000 for the purchase of the apartment located on “Jordan Misja” street, Tirana. The public hearing shall take place on Tuesday, 23.04.2024, at 10.00. The trial panel of this case consists of judges: Presiding: Sokol Çomo Rapporteur: Rezarta Schuetz Members: Albana Shtylla, Ina Rama, Natasha Mulaj The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
All day 2024.03.19 On Tuesday, 16.04.2024, at 10:00, the Appeal Chamber shall consider in a public hearing case (JR) no. 1/2024, dated 09.01.2024, pertaining to the appeal of the Public Commissioner against decision no. 714, dated 15.11.2023 of the Independent Qualification Commission, related to the assessee Besnik Maho. The trial panel of this case consists of judges: Presiding: Natasha Mulaj Rapporteur: Mimoza Tasi Members: Albana Shtylla, Rezarta Schuetz, Sokol Çomo The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcements
All day 2024.03.19 On Monday, 22.04.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 22/2021, dated 30.04.2021, pertaining to the appeal of the assessee Pelivan Malaj against decision no. 330, dated 11.01.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Rezarta Schuetz Rapporteur: Sokol Çomo Members: Albana Shtylla, Ina Rama, Natasha Mulaj The hearing in chambers shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. ********************************************************* On 19.03.2024, the Appeal Chamber held the lot procedure for the replacement of judge Ardian Hajdari, appointed as panel member in case (JR) no. 79/2021, dated 15.12.2021, pertaining to the appeal of the assessee Ardian Braho against decision no. 469, dated 01.11.2021, of the Independent Qualification Commission. The replacement of judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber Finally, the trial panel of case (JR) no. 79/2021, dated 15.12.2021, shall consists of the following judges: Presiding: Rezarta Schuetz, Rapporteur: Natasha Mulaj Members: Sokol Çomo, Ina Rama, Albana Shtylla *************************************************** On 19.03.2024, the Appeal Chamber held the lot procedure for the replacement of judge Ardian Hajdari, appointed as panel member in case (JR) no. 36/2021, dated 29.06.2021, pertaining to the appeal of the assessee Dhurata Bilo against decision no. 370, dated 22.04.2021, of the Independent Qualification Commission. The replacement of judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber Finally, the trial panel of case (JR) no. 36/2021, dated 29.06.2021, shall consists of the following judges: Presiding: Natasha Mulaj Rapporteur: Rezarta Schuetz Members: Sokol Çomo, Ina Rama, Mimoza Tasi ******************************************** On 19.03.2024, the Appeal Chamber held the lot procedure for the replacement of judge Ardian Hajdari, appointed as panel member in case (JR) no. 50/2021, dated 01.09.2021, pertaining to the appeal of the assessee Genci Qana against decision no. 362, dated 31.03.2021, of the Independent Qualification Commission. The replacement of judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber Finally, the trial panel of case (JR) no. 50/2021, dated 01.09.2021, shall consists of the following judges: Presiding: Sokol Çomo, Rapporteur: Rezarta Schuetz Members: Natasha Mulaj, Ina Rama, Albana Shtylla ******************************************************* On 19.03.2024, the Appeal Chamber held the lot procedure for the replacement of judge Ardian Hajdari, appointed as panel member in case (JR) no. 46/2021, dated 23.08.2021, pertaining to the appeal of the assessee Luveda Dardha against decision no. 398, dated 11.06.2021, of the Independent Qualification Commission. The replacement of judge Ardian Hajdari was due to his suspension from office by decision no. 13, dated 07.02.2022 of the Meeting of Judges of the Appeal Chamber Finally, the trial panel of case (JR) no. 46/2021, dated 23.08.2021, shall consists of the following judges: Presiding: Sokol Çomo, Rapporteur: Rezarta Schuetz Members: Natasha Mulaj, Ina Rama, Albana Shtylla
| 20 | 21 - Announcement
All day 2024.03.21 On Tuesday, 30.04.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 70/2021, dated 16.11.2021, pertaining to the appeal of the assessee Lindita Sinanaj against decision no. 417, dated 07.08.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Sokol Çomo Rapporteur: Ina Rama Members: Albana Shtylla, Mimoza Tasi, Rezarta Schuetz The hearing in chambers shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
All day 2024.03.21 On Monday, 29.04.2024, at 10:00, the Appeal Chamber shall consider in a public hearing case (JR) no. 30/2023, dated 14.07.2023, pertaining to the appeal of the Public Commissioner against decision no. 675, dated 16.06.2023 of the Independent Qualification Commission, related to the assessee Alfred Balla. The trial panel of this case consists of judges: Presiding: Ina Rama Rapporteur: Albana Shtylla Members: Natasha Mulaj, Rezarta Schuetz, Sokol Çomo The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
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25 - Public hearing
All day 2024.03.25 Today, on 25.03.2024, at 10:00, the Appeal Chamber held the public hearing of case (JR) 43/2023, dated 22.09.2023, pertaining to the appeal of the Public Commissioner against decision no. 681, dated 07.07.2023, of the Independent Qualification Commission, related to the assessee Artur Ismajlukaj. The Public Commissioner, during the submission of the final conclusions, stated that even during the trial of the case at the Chamber the assessee failed to prove the contrary of the appeal grounds related to the background assessment. While requesting the Chamber that in the overall evaluation of the case, to take into consideration the inconsistencies in the declarations of the assessee with respect to the asset assessment, the Public Commissioner finally requested the amendment of decision no. 681, dated 07.07.2023, of the Independent Qualification Commission and the dismissal from office of the assessee Artur Ismajlukaj. The assessee, through his legal representative, held that the Public Commissioner, despite the request on the overall evaluation of the case, failed to submit any appeal grounds on the asset and proficiency assessment and that the circumstances specified by her regarding the background assessment cannot lead to the dismissal from office of the assessee as the professional integrity prevails. Finally, the assessee requested the upholding of decision no. 681, dated 07.07.2023, of the Independent Qualification Commission. Following the hearing the final conclusions of the parties, the trial panel withdrew to take the final decision of the case, to be announced on 02.04.2024, at 15:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
All day 2024.03.25 On Monday, 15.04.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 79/2021, dated 15.12.2021, pertaining to the appeal of the assessee Ardian Braho against decision no. 469, dated 01.11.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Rezarta Schuetz Rapporteur: Natasha Mulaj Members: Albana Shtylla, Ina Rama, Sokol Çomo 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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