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April | April | 1 | 2 | 3 - Announcement
All day 2024.05.03 On 03.05.2024, the Appeal Chamber held the lot procedure for the replacement of judge Ardian Hajdari, appointed as presiding judge in case (JR) no. 67/2021, dated 09.11.2021, pertaining to the appeal of the assessee Albert Spiro against decision no. 419, dated 12.07.2021, 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, and then for the presiding judge, the trial panel of case (JR) no. 67/2021, dated 09.11.2021, shall consists of the following judges: Presiding: Sokol Çomo Rapporteur: Ina Rama Members: Natasha Mulaj, Rezarta Schuetz, Albana Shtylla - Announcement
All day 2024.05.03 On 03.05.2024, the Appeal Chamber held the lot procedure for the replacement of judge Ardian Hajdari, appointed as panel member in case (JR) no. 77/2021, dated 13.12.2021, pertaining to the appeal of the assessee Irena Hoxha against decision no. 456, dated 08.10.2021, 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. 77/2021, dated 13.12.2021, shall consists of the following judges: Presiding: Sokol Çomo Rapporteur: Ina Rama Members: Natasha Mulaj, Albana Shtylla, Mimoza Tasi - Announcement
All day 2024.05.03 On Wednesday, 05.06.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 67/2021, dated 09.11.2021, pertaining to the appeal of the assessee Albert Spiro against decision no. 419, dated 12.07.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Sokol Çomo Rapporteur: Ina Rama 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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6 | 7 - Announcement
All day 2024.05.07 On Thursday, 23.05.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 77/2021, dated 13.12.2021, pertaining to the appeal of the assessee Irena Hoxha against decision no. 456, dated 08.10.2021 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. Natasha Mulaj The hearing in chambers shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Public hearing
All day 2024.05.07 The Appeal Chamber opened today, on 07.05.2024, at 10:00, the public hearing of case (JR) 1/2024, dated 09.01.2024, pertaining to the appeal of the Public Commissioner and the appeal of the appellant Besnik Maho against decision no. 714, dated 15.11.2023, of the Independent Qualification Commission. During the verification of the presence of the parties, after ascertaining the absence of Mr. Besnik Maho, the presiding judge informed the parties that on 06.05.2024, through an e-mail addressed to the Chamber, the appellant Besnik Maho has notified that due to personal and family reasons he was abroad and it was impossible for him to be present at the hearing, and that he was forwarding electronically his submissions related to the case. Due to the failure of the trial panel to be formed given the absence of a judge for objective reasons, the next hearing shall take place on 10.05.2024, at 09:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 8 - Announcement
All day 2024.05.08 On Thursday, 13.06.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 69/2021, dated 11.11.2021, pertaining to the appeal of the assessee Kaçe Agolli against decision no. 437, dated 10.09.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Ina Rama Rapporteur: Albana Shtylla Members: Mimoza Tasi, 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.
| 9 - Camera hearing
All day 2024.05.09 On Tuesday, 09.05.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 36/2021, dated 29.06.2021, pertaining to the appeal of the assessee Dhurata Bilo against decision no. 370, dated 18.05.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Natasha Mulaj 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. - Decision day
All day 2024.05.09 The trial panel of the Appeal Chamber, composed of judges Natasha Mulaj, presiding, Rezarta Schuetz, rapporteur, Ina Rama, Mimoza Tasi, Sokol Çomo, members, announced the decision on case 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. 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. 370, dated 22.04.2021 of the Independent Qualification Commission, related to the assessee Dhurata Bilo. – This decision is final and effective immediately. Announced in Tirana, on 09.05.2024.
| 10 - Decision day
All day 2024.05.10 The trial panel of the Appeal Chamber, consisting of judges Natasha Mulaj, presiding, Sokol Çomo, rapporteur, Albana Shtylla, Ina Rama, Rezarta Schuetz, members, announced the decision on case with registry no. (JR) 42 – 17/2018, dated 11.04.2023, pertaining to the petition of the former assessee, Mrs. Antoneta Sevdari, for the revision of the Appeal Chamber decision no. 6 (JR), dated 28.02.2019. 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. 42, dated 18.07.2018 of the Independent Qualification Commission, related to the assessee Antoneta Sevdari. – This decision is final and effective immediately. Announced in Tirana, today, on 10.05.2024. - Public hearing
All day 2024.05.10 Today, on 10.05.2024, at 09:00, the Appeal Chamber held the public hearing of case (JR) 1/2024, dated 09.01.2024, pertaining to the appeal of the Public Commissioner and the appeal of the appellant Besnik Maho against decision no. 714, dated 15.11.2023, of the Independent Qualification Commission. During the verification of the presence of the parties, the presiding judge noticed again the absence of the appellant, Mr. Besnik Maho. With respect to this fact, the Public Commissioner reiterated his position for the continuation of the trial in the absence of the appellant. During the presentation of his submissions, the Public Commissioner held that unlike the Independent Qualification Commission, he assesses that the appellant Mr. Besnik Maho meets the conditions to be an assessee and be submitted to the transitional re-evaluation process of judges and prosecutors. The Public Commissioner requested the Chamber to overrule decision no. 714, dated 15.11.2023, of the Independent Qualification Commission and order the IQC to initiate the administrative re-evaluation procedure for Mr. Besnik Maho. In the absence of the appellant Besnik Maho, the presiding judge quoted his request according to the submissions sent electronically to the Chamber, via e-mail dated 05.06.2024: overruling decision no. 714, dated 15.11.2023, of the Independent Qualification Commission and granting the constitutional and legal right to be submitted to the vetting process as a judge who has exercised this office for 3 years, based on the provisions of Article 179/b, paragraph 4 of the Constitution. For the purpose of the minutes, the presiding judge cited the acts attached to the appeal and appellant’s submissions, which Mr. Maho requested the AC to collect in the capacity of evidence. After being consulted, the trial panel decided not to accept the acts filed by the appellant Besnik Maho, as some of them were part of the IQC file and the rest were not filed in the proper legal form. Following this interim decision, the Public Commissioner declared that he stood by the final request maintained at the conclusion of his submissions during today’s hearing. The trial panel decided to close the judicial review of the case and withdrew to make the final decision, to be announced on 13.05.2024, 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 2024.05.10 On 03.05.2024, the Appeal Chamber registered the case (JD) no. 1/2024, with petitioner Mimoza Margjeka and subject matter “Suspension of the execution of decision no. 180, dated 09.04.2024 of the High Judicial Council until the conclusion of the proceedings at the Appeal Chamber upon a final decision […]”. On 10.05.2024, the Appeal Chamber held the lot procedure for the appointment of the rapporteur and the members of the preliminary review panel: According to the lot, the preliminary review panel shall consist of: Judge: Natasha Mulaj Judge: Albana Shtylla Case rapporteur: Rezarta Schuetz
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13 - Decision day
All day 2024.05.13 The trial panel of the Appeal Chamber, composed of judges Natasha Mulaj presiding, Mimoza Tasi rapporteur, Albana Shtylla, Rezarta Schuetz, Sokol Çomo members, announced the decision on case no. 1/2024, dated 09.01.2024, pertaining to the appeal of the Public Commissioner and the appeal of the appellant Besnik Maho against decision no. 714, dated 15.11.2023, of the Independent Qualification Commission. At the conclusion of the trial, the trial panel, pursuant to Article 66, paragraph 1 (c) of Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, unanimously decided: – Overruling decision no. 714, dated 15.11.2023, of the Independent Qualification Commission. – Ordering the Independent Qualification Commission to continue the transitional re-evaluation process for the appellant Besnik Maho, former judge. – This decision is final and effective immediately. Announced in Tirana, today, on 13.05.2024.
| 14 - Public hearing
All day 2024.05.14 Today, on 14.05.2024, at 10:00, the Appeal Chamber held the public hearing of case (JR) 20/2021, dated 21.04.2021, pertaining the appeal of the assessee Bib Ndreca against decision no. 337, dated 18.01.2021 of the Independent Qualification Commission. The assessee Bib Ndreca, through his legal representative, submitted his position on the case in its entirety, as well as the position related to the legal source of the loan of the lender P.N. in the amount of ALL 5,500,000 for the purchase of the apartment in Tirana, which is the reason it was decided the consideration of the case in a public hearing. The legal representative held that the assessee had no inconsistent positions regarding his assets, but made an accurate, sufficient declaration and managed to convincingly explain the legitimate source of its creation. In support of his claims, the assessee, along with the submissions, filed several documents, which the trial panel accepted as evidence. Once the assessee stated that he had no further procedural requests, the trial panel closed the judicial review of the case and invited him to submit his final conclusions. Finally, the assessee Bib Ndreca, requested the Chamber the amendment of decision no. 337, dated 18.01.2021 of the Independent Qualification Commission, and his confirmation in office. The trial panel withdrew to make the final decision on the case, to be announced on 22.05.2024, 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 2024.05.14 On Tuesday, 18.06.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 2/2022, dated 10.01.2022, pertaining to the appeal of the assessee Ariola Kristo against decision no. 438, dated 10.09.2021 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. - Decision day
All day 2024.05.14 The trial panel of the Appeal Chamber, composed of judges Rezarta Schuetz, presiding, Sokol Çomo, rapporteur, Albana Shtylla, Ina Rama, Natasha Mulaj members, announced the decision on case 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. At the conclusion of the trial in chambers, 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: – Termination of the transitional re-evaluation process for the assessee Pelivan Malaj without a final decision on the case, as the object and purpose of this process have become impossible. Announced in Tirana, on 14.05.2024.
| 15 - Camera hearing
All day 2024.05.15 On Wednesday, 15.05.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 28/2021, dated 25.05.2021, pertaining to the appeal of the assessee Rita Gjati against decision no. 358, dated 19.03.2021 of the Independent Qualification Commission. The trial panel of this case consists of judges: Presiding: Ina Rama Rapporteur: Sokol Çomo Members: Mimoza Tasi, 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. - Announcement
All day 2024.05.15 On 15.05.2024, the Appeal Chamber held the hearing in chambers of case no. (JR) 28/2021, dated 25.05.2021, pertaining to the appeal of the assessee Rita Gjati against decision no. 358, dated 19.03.2021 of the Independent Qualification Commission. The trial panel, following the examination 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 no. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided to transfer the consideration of the case in a public hearing, due to finding serious procedural violations and ensure the assessee the right to be heard and defended. The public hearing shall take place on Monday, 27.05.2024, at 10.00. The trial panel of this case consists of judges: Presiding: Ina Rama Rapporteur: Sokol Çomo Members: Mimoza Tasi, Natasha Mulaj, Rezarta Schuetz 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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20 | 21 - Decision day
All day 2024.05.21 The trial panel of the Appeal Chamber, composed of judges, Ina Rama, presiding, Albana Shtylla rapporteur, Natasha Mulaj, Rezarta Schuetz, Sokol Çomo members, announced the decision on case 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. At the conclusion of the trial, the trial panel, pursuant to Article G of the Annex to the Constitution and Article 66, paragraph 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. Amendment of decision no. 675, dated 16.06.2023, of the Independent Qualification Commission, as follows: – Termination of the vetting process for the assessee Alfred Balla. – The assessee Alfred Balla, cannot be appointed judge or prosecutor of any level, a member of the High Judicial Council or High Prosecutorial Council, High Inspector of Justice or Prosecutor General, for a period of 15 years. This decision is final and effective immediately. Announced in Tirana, on 21.05.2024.
| 22 - Decision day
All day 2024.05.22 The trial panel of the Appeal Chamber, composed of judges, Sokol Çomo presiding, Rezarta Schuetz rapporteur, Albana Shtylla, Ina Rama, Natasha Mulaj members, announced the decision on case no. 20/2021, dated 21.04.2021, pertaining to the appeal of the assessee Bib Ndreca against decision no. 337, dated 18.01.2021 of the Independent Qualification Commission. 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. 337, dated 18.01.2021 of the Independent Qualification Commission and confirmation in office of the assessee Bib Ndreca. 2. This decision is final and has effective immediately. Announced in Tirana, today, on 22.05.2024. - Announcement
All day 2024.05.22 The Appeal Chamber has registered case (JR) no. 16/2024, dated 14.05.2024, pertaining to the appeal of the assessee Pranvera Stafa against decision no. 740, dated 08.03.2024, of the Independent Qualification Commission. On 22.05.2024, 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 shall consist of the following judges: Presiding: Rezarta Schuetz Rapporteur: Ina Rama Members: Sokol Çomo, Natasha Mulaj, Albana Shtylla
| 23 - Camera hearing
All day 2024.05.23 On Thursday, 23.05.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 77/2021, dated 13.12.2021, pertaining to the appeal of the assessee Irena Hoxha against decision no. 456, dated 08.10.2021 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. Natasha Mulaj The hearing in chambers shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.C - Decision day
All day 2024.05.23 The trial panel of the Appeal Chamber, composed of judges, Sokol Çomo presiding, Ina Rama rapporteur, Albana Shtylla, Mimoza Tasi, Natasha Mulaj members, announced the decision on case no. 77/2021, dated 13.12.2021, pertaining to the appeal of the assessee Irena Hoxha against decision no. 456, dated 08.10.2021 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. 456, dated 08.10.2021 of the Independent Qualification Commission, related to the assessee Irena Hoxha. – This decision is final and effective immediately. Announced in Tirana, on 23.05.2024.
| 24 - Announcement
All day 2024.05.24 On Thursday, 27.06.2024, at 10:00, the Appeal Chamber shall consider in chambers case (JR) no. 40/2023, dated 08.09.2023, pertaining to the appeal of the assessee Ndriçim Troplini against decision no. 684, dated 12.07.2023 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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27 - Public hearing
All day 2024.05.27 Today, on 27.05.2024, at 10:00, the Appeal Chamber held the public hearing of case (JR) 28/2021, dated 25.05.2021, pertaining to the appeal of the assessee Rita Gjati against decision no. 358, dated 19.03.2021 of the Independent Qualification Commission. The trial panel heard the assessee, Ms. Rita Gjati and her legal representative as they submitted their objections in detail with respect to the IQC decision no. 358, dated 19.03.2021, stating that this decision was made in an erroneous interpretation of the law, evidence and the circumstances of the case for the three vetting criteria, and the principle of violation of public trust in justice remains unjustified therein. The assessee claimed that she reaches a reliable level in the three vetting criteria, asset, background and proficiency assessment, and in support of these claims, she filed new documents in connection with her submissions, which she requested the trial panel to accept them in the capacity of evidence. Subsequently the assessee responded to some questions of the case rapporteur in view of the examination of the case. After being consulted, the trial panel decided to open the judicial investigation of the case and accept as evidence some of the documents filed by the assessee and dismiss the remainder of the documents, due to their failure to meet the formal criteria, nevertheless, the information they contain may be accessed from open information sources. Once the assessee held that there were no other procedural requirements, the trial panel decided to close the judicial investigation of the case and invited her to present her final conclusions. The assessee, Ms. Rita Gjati, finally requested the Chamber the amendment of decision no. 358, dated 19.03.2021 of the Independent Qualification Commission and her confirmation in office. The trial panel decided to close the judicial review of the case and withdrew to make the final decision, to be announced on 05.06.2024, at 15:00. The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana.
| 28 - Announcement
All day 2024.05.28 The Appeal Chamber held on 28.05.2024 the hearing in chambers of case no. (JR) 71/2021, dated 17.11.2021, pertaining to the appeal of the assessee Sali Hasa against decision no. 433, dated 03.09.2021 of the Independent Qualification Commission. Following the review of the case in chambers, the trial panel, 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 in a public hearing, as it considers that the judicial debate is necessary for the complete ascertainment of the factual situation. The public hearing shall take place on 12.06.2024, at 10.00. The trial panel of this case consists of judges: Presiding: Albana Shtylla Rapporteur: Natasha Mulaj Members: Ina Rama, 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. - Announcement
All day 2024.05.28 On Tuesday, 25.06.2024, at 10:00, the Appeal Chamber shall consider in a public hearing case (JR) no. 23/2023, dated 26.05.2023, pertaining to the appeal of the Public Commissioner against decision no. 657, dated 28.04.2023 of the Independent Qualification Commission, related to assessee Periand Teta. The trial panel of this case consists of judges: Presiding: Mimoza Tasi Rapporteur: Rezarta Schuetz Members: Ina Rama, Natasha Mulaj, Sokol Çomo The public hearing shall take place at the premises of the Appeal Chamber, at Boulevard “Dëshmorët e Kombit”, no. 3, Tirana. - Announcement
All day 2024.05.28 The Appeal Chamber has registered case (JR) 17/2024, dated 21.05.2024, pertaining to the appeal of the Public Commissioner against decision no. 735, dated 31.01.2024, of the Independent Qualification Commission related to the assessee Dritan Nushi. On 28.05.2024, 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 as follows: Presiding: Sokol Çomo Rapporteur: Albana Shtylla Members: Ina Rama, Rezarta Schuetz, Mimoza Tasi
| 29 - Decision day
All day 2024.05.29 The trial panel of the Appeal Chamber, composed of judges Ina Rama presiding, Albana Shtylla rapporteur, Natasha Mulaj, Rezarta Schuetz, Sokol Çomo members, announced the decision on case no. 34/2021, dated 21.06.2021, pertaining to the appeal of the assessee Bari Shyti against decision no. 361, dated 25.03.2021 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. 361, dated 25.03.2021 of the Independent Qualification Commission, related to the assessee Bari Shyti. – This decision is final and effective immediately. Announced in Tirana, on 29.05.2024.
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