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The Appeal Chamber held on 03.06.2025, at 10:00, the public hearing of case (JR) 49/2023, dated 27.10.2023, pertaining to the appeal of the Public Commissioner against decision  no. 696, dated 11.09.2023 of the Independent Qualification Commission, related to the assessee Marsida Frashëri.

During the verification of the presence of the parties, the presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code have determined the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office, Mr. Klodian Braho, present at the hearing.

During the submission of the appeal grounds, the representative of the Special Prosecution Office maintained that he shares a different position from the Independent Qualification Commission that has confirmed the assessee in office, since her professional misconducts are such that they cannot be corrected by the training program of the School of Magistrates and that Mrs. Frashëri has seriously violated the public’s trust in the justice system.

The assessee requested the Chamber the dismissal of the appeal of the Public Commissioner, since according to her, in violation of the Constitution, an appeal was filed against a decision that cannot be appealed, such as the interim decision of the Independent Qualification Commission that has decided to suspend from office Mrs. Marsida Frashëri for a period of 1 year and follow the training program of the School of Magistrates.

Once the assessee responded to several questions of the case rapporteur in view of the examination of the case, the trial panel decided to close the judicial examination and invited the parties to present their final conclusions.

The representative of the Special Prosecution Office stated that the he stands by his appeal, moreover, that the assessee did not dispute its essence. Mr. Klodian Braho opposed the position of the assessee on the invalidity of the appeal, arguing that the appeal of the Public Commissioner was filed against the final decision of the Independent Qualification Commission, the confirmation in office, while there is no legal provision on the claims raised by the assessee. The representative of the Special Prosecution Office requested finally the amendment of decision no. 696, dated 11.09.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Marsida Frashëri.

The assessee finally requested the Appeal Chamber the dismissal of the appeal of decision no. 696, dated 11.09.2023 of the Independent Qualification Commission, as a decision that cannot be reviewed and cannot be appealed, and its upholding.

After hearing the final conclusions of the parties, the trial panel withdrew in chambers to make the final decision, which it shall announce on 10.06.2025, 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, 07.07.2025, at 10:00, the Appeal Chamber shall consider in a public hearing case (JR) no. 43/2024, dated 05.11.2024, pertaining to the appeal of the Public Commissioner against decision no. 802, dated 23.09.2024 of the Independent Qualification Commission, related to the assessee Flora Çela.

The trial panel of this case shall consist of judges:

Presiding:       Natasha Mulaj

Rapporteur:   Albana Shtylla

Members:       Mimoza Tasi, 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.

On Thursday, 05.06.2025, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 43/2022, dated 27.09.2022, pertaining to the appeal of the assessee Çlirim Sino against decision no. 547, dated 06.07.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of judges:

Presiding: Albana Shtylla

Rapporteur: Rezarta Schuetz

Members: Ina Rama, Mimoza Tasi, Sokol Çomo

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

On 05.06.2025, the Appeal Chamber held the hearing in camera of case (JR) no. 43/2022, dated 27.09.2022, pertaining to the appeal of the assessee Çlirim Sino against decision no. 547, dated 06.07.2022 of the Independent Qualification Commission.

After considering the case in camera, the trial panel, pursuant to Article 51, paragraph 1 (c) of Law no. 49/2012 “On administrative courts and adjudication of administrative disputes”, as amended, decided to transfer the case to a public hearing, inviting the assessee to respond to the questions that the panel shall address.

The public hearing shall be held on 16.06.2025, at 10:00.

The trial panel of this case consists of judges:

Presiding: Albana Shtylla

Rapporteur: Rezarta Schuetz

Members: Ina Rama, Mimoza Tasi, Sokol Çomo

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

On Monday, 14.07.2025, at 10:00, the Appeal Chamber shall consider in a public hearing case (JR) no. 27/2023, dated 04.07.2023, pertaining to the appeal of the Public Commissioner against decision no. 660, dated 16.05.2023 of the Independent Qualification Commission, related to the assessee Majlinda Andrea.

The trial panel of this case shall consist of the following judges:

Presiding: Albana Shtylla

Rapporteur: Rezarta Schuetz

Members: Mimoza Tasi, 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.

The Appeal Chamber held on 10.06.2025, at 10:00, the public hearing of case (JR) 8/2023, dated 24.02.2023, pertaining to the appeal of the Public Commissioner against decision no. 600, dated 19.12.2022 of the Independent Qualification Commission, related to the assessee Robert Kote.

During the verification of the presence of the parties, the presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office, Mr. Klodian Braho, present at the hearing.

The representative of the Special Prosecution Office submitted the appeal grounds related to the asset assessment, whereas with regard to the proficiency assessment, he filed findings related to criminal proceedings handled by the assessee during the exercise of his office, which he requested to be taken into consideration by the Chamber in the overall evaluation of the case, in the context of the violation of public trust in the justice system. Mr. Klodian Braho requested the amendment of decision no. 600, dated 19.12.2022 of the Independent Qualification Commission and the dismissal of the assessee from office.

The assessee claimed the opposite of the appeal grounds and in support of his claims filed several new acts, which he requested the trial panel to collect them as evidence.

The representative of the Special Prosecution Office stated that there was no formal objection to the administration of the acts as evidence, but noted the absence of a summary decision of the Court of Appeal of General Jurisdiction, cited as an act by the assessee.

After being consulted, the trial panel decided to accept as evidence the acts lodged by the assessee, providing the latter the opportunity to submit with the Chamber the missing act before the next hearing, which shall take place on 18.06.2025, at 10:00.

This act will also be forwarded to the representative of the Special Prosecution office for evaluation purposes in the final conclusions, for which the parties must be prepared to submit at the hearing dated 18.06.2025.

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 Rezarta Schuetz, presiding, Natasha Mulaj, rapporteur, Ina Rama, Mimoza Tasi, Sokol Çomo, members, announced the decision on case no. 49/2023, dated 27.10.2023, pertaining to the appeal of the Public Commissioner against decision no. 696, dated 11.09.2023 of the Independent Qualification Commission, related to the assessee Marsida Frashëri.

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”, by a majority vote, decided:

– The amendment of decision no. 696, dated 11.09.2023 of the Independent Qualification Commission and the dismissal from office of the assessee Marsida Frashëri.

– This decision is final and effective.

Announced in Tirana, today, on 10.06.2025.

On 02.06.2025, the Appeal Chamber registered case (JD) no. 2/2025, with petitioner Kledian Llaho and with subject “1) Repealing decision no. 65, dated 10.4.2025, of the High Prosecutorial Council as incompatible with the Constitution and the law, by which it was decided; the imposition of the disciplinary measure “Temporary salary reduction” in the amount of 20 percent for a period of 3 months, as well as the additional disciplinary measure “Demotion from the position of the head of office”, provided for respectively in Articles 108 and 114 of Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as amended, for disciplinary misconducts provided for in Article 102, paragraph 1 (l), Article 102, paragraph 2 (dh), of Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as amended;

2) The taking of the measure of an urgent nature, ordering the suspension of the effects of the individual administrative act of the High Prosecutorial Council, decision no. 65, dated 10.4.2025 until the conclusion of the consideration of this request”.

Today, on 10.06.2025, the Appeal Chamber held the lot procedure to appoint the rapporteur and members of the Preliminary Review Panel:

According to the lot, the Preliminary Review Panel shall consist of the following judges:

Judge: Rezarta Schuetz

Judge: Albana Shtylla

Case Rapporteur: Mimoza Tasi

The Appeal Chamber opened on 11.06.2025, at 10:00, the public hearing of case (JR) 36/2023, dated 26.07.2023, pertaining to the appeal of the assessee Hyrjet Lamaj against decision no. 668, dated 26.05.2023 of the Independent Qualification Commission.

This hearing was scheduled for the announcement of the final decision on the case, but given that the judge rapporteur had informed that due to objective impossibility, it was impossible for her to attend it, it was decided that the hearing for the announcement of the decision taken by the panel on 09.06.2025, be postponed to 16.06.2025, at 09:30.

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

The Appeal Chamber opened on 11.06.2025, at 10:00, the public hearing of case (JR) 36/2023, dated 26.07.2023, pertaining to the appeal of the assessee Hyrjet Lamaj against decision no. 668, dated 26.05.2023 of the Independent Qualification Commission.

This hearing was scheduled for the announcement of the final decision on the case, but given that the judge rapporteur had informed that due to objective impossibility, it was impossible for her to attend it, it was decided that the hearing for the announcement of the decision taken by the panel on 09.06.2025, be postponed to 16.06.2025, at 09:30.

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

On 11.06.2025, the Appeal Chamber held the lot procedure to replace Judge Natasha Mulaj, appointed as panel member in 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).

The replacement of Judge Mulaj was made in view the request of assessee Armida Hamiti (Moçka) for the recusal of the judge from the case, such a request accepted by decision no. 21, dated 10.06.2025, by the trial panel consisting of judges: Rezarta Schuetz (presiding), Sokol Çomo, Ina Rama, Albana Shtylla and Mimoza Tasi (members).

Following the lot procedure for the appointment of the member judge, the trial panel of case (JR) no. 7/2023, dated 14.02.2023, shall consist of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Sokol Çomo

Members: Ina Rama, Albana Shtylla, Mimoza Tasi

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On Thursday, 03.07.2025, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 9/2023, dated 27.02.2023, pertaining the appeal of the assessee Andri Ymeri against decision no. 604, dated 21.12.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding: Albana Shtylla

Rapporteur: Mimoza Tasi

Members: Ina Rama, Natasha Mulaj, Rezarta Schuetz

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

The Appeal Chamber held on 18.06.2025, at 10:00, the public hearing of case (JR) 8/2023, dated 24.02.2023, pertaining to the appeal of the Public Commissioner against decision no. 600, dated 19.12.2022 of the Independent Qualification Commission, related to the assessee Robert Kote.

The presiding judge informed the parties that following the previous hearing, the assessee had submitted with the AC the summary decision of the Court of Appeal of General Jurisdiction, which was also forwarded to the representative of the Special Prosecution Office for evaluation purposes in the final conclusions.

Once the parties declared that they had no other procedural requests, the trial panel decided to close the judicial investigation and invited them to submit their final conclusions.

The representative of the Special Prosecution office, Mr. Klodian Braho, in reference to the new evidence lodged by the assessee during the AC proceedings, stated that his financial insufficiency is to such an extent that it does not violate the reliability with respect to the asset assessment criteria. According to Mr. Braho, as to the proficiency assessment and findings related to criminal proceedings handled by the assessee during the exercise of his office, it was proven that no deficiencies were found that could violate the public trust in the justice system. Finally, the representative of the Special Prosecution Office requested the upholding of decision no. 600, dated 19.12.2022 of the Independent Qualification Commission.

The assessee stated that, through the new evidence submitted during this proceedings, he managed to prove the opposite of the appeal, and finally requested the upholding of decision no. 600, dated 19.12.2022 of the Independent Qualification Commission and his confirmation in office.

After hearing the final conclusions of the parties, the trial panel decided to close the judicial review of the case and withdrew in chambers to make the final decision, which it shall announce on 03.07.2025, 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 Tuesday, 15.07.2025, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 13/2024, dated 29.03.2024, pertaining to the appeal of the assessee Ilir Hoxha against decision no. 734, dated 22.01.2024 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding:        Sokol Çomo

Rapporteur:     Ina Rama

Members:        Albana Shtylla, Mimoza Tasi, Natasha Mulaj

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

On Thursday, 19.06.2025, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 32/2023, dated 17.07.2023, pertaining to the appeal of the assessee Petrit Hysa against decision no. 664, dated 24.05.2023 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding: Sokol Çomo

Rapporteur: Rezarta Schuetz

Members: Albana Shtylla, Ina Rama, Mimoza Tasi

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

On Monday, 21.07.2025, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 15/2023, dated 14.04.2023, pertaining to the appeal of the assessee Saimir Bahiti against decision no. 612, dated 13.01.2023 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding: Rezarta Schuetz

Rapporteur: Sokol Çomo

Members: Albana Shtylla, Ina Rama, Natasha Mulaj

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

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On Thursday, 17.07.2025, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 13/2023, dated 17.03.2023, pertaining to the appeal of the assessee Kudusi Shahu against decision no. 597, dated 12.12.2022 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding: Sokol Çomo

Rapporteur: Mimoza Tasi

Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz

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

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On Wednesday, 23.07.2025, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 18/2023, dated 09.05.2023, pertaining to the appeal of the assessee Hysen Ajasllari against decision no. 630, dated 03.03.2023 of the Independent Qualification Commission.

The trial panel of this case shall consist of the following judges:

Presiding: Albana Shtylla

Rapporteur: Sokol Çomo

Members: Ina Rama, Natasha Mulaj, Rezarta Schuetz

The hearing in camera 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, Sokol Çomo, presiding, Rezarta Schuetz, rapporteur, Albana Shtylla, Ina Rama, Mimoza Tasi, members, announced the decision on case no. 32/2023, dated 17.07.2023, pertaining to the appeal of the assessee Petrit Hysa against decision no. 664, dated 24.05.2023 of the Independent Qualification Commission.

At the conclusion of the trial in camera, 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. 664, dated 24.05.2023 of the Independent Qualification Commission, related to the assessee Petrit Hysa.

– This decision is final and effective immediately.

Announced in Tirana, today, on 19.06.2025.

The Appeal Chamber held on 24.06.2025, at 10:00, the public hearing of case (JR) no. 6/2023, dated 03.02.2023, pertaining to the appeal of the Public Commissioner against decision no. 598, dated 13.12.2022 of the Independent Qualification Commission, related to the assessee Genci Mane.

The presiding judge announced that Article 179/b, paragraph 8 of the Constitution of the Republic of Albania and Article 199 of the Civil Procedure Code have set forth the transfer of powers from the Public Commissioner to the Head of the Special Prosecution Office, represented in this case upon special authorization by the prosecutor of the Special Prosecution Office, Mr. Adnan Xholi, present at the hearing.

During the submission of the appeal grounds, the representative of the Special Prosecution Office stated that the assessee is found in terms of inaccurate and insufficient declaration and fails to cover his assets with legitimate sources. With respect to the proficiency assessment, Mr. Adnan Xholi requested the Chamber to assess the repeated shortcomings, observed during the exercise of the office by the assessee, along with the issues found in the asset assessment criterion, as they may lead to a different conclusion from the one of the Independent Qualification Commission, which has confirmed him in office.

The representative of the Special Prosecution Office maintained that the assessee fails to reach a reliable level for his confirmation in office, therefore, he requested the amendment of decision no. 598, dated 13.12.2022 of the Independent Qualification Commission, related to the assessee Genci Mane and his dismissal from office.

The assessee provided explanations in response to the appeal grounds, filing several new acts, which he requested the trial panel to collect them as evidence.

The presiding judge informed that the parties had been provided with two complaints, regarding which the representative of the Special Prosecution Office stated that they contain no sufficient grounds for further investigation.

The assessee provided his explanations regarding the complaints and filed several acts with their regard, which he requested to be admitted as evidence by the trial panel. Subsequently, the assessee also responded to several questions of the case rapporteur.

After being consulted, the trial panel decided:

To open the judicial investigation and to administer as evidence the acts lodged by the assessee in the submissions and in today’s hearing, as follows:

With regard to the acts attached to the submissions:

• Donation contracts and OSHEE’s letter, according to the extremities cited in the submissions;
• 10 purchase contracts – in terms when they are administered in the IQC case – it is not necessary their administration once more;
• The financial expertise report – to be considered as an integral part of the submissions.

The trial panel also decided:

• To administer as evidence the acts submitted in today’s hearing;
• To not open an investigation regarding the complaints, as the requirements of Article 53 of Law 84/2016 are not met.
• To address Tirana Universal Service Provider, the Power Supply Distribution System Operator, Fier Regional Directorate, and the Water Supply and Sewage Company Sh.A Fier for additional information and documentation to the purpose of consideration of the case.

The responses of these operators shall be made available to the parties, immediately upon their arrival at the AC.

Pending these responses, the trial panel decided to postpone the hearing to 14.07.2025, 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 Appeal Chamber held on 24.06.2025, at 13:00, the public hearing of case (JR) no. 39/2022, dated 07.09.2022, pertaining to the appeal of the Public Commissioner against decision no. 538, dated 07.06.2022 of the Independent Qualification Commission, related to the assessee Elona Alvora.

The presiding judge reported on all documentation delivered to the Chamber by the First Instance Court of General Jurisdiction of Vlora and the Prosecution office at this court, following the interim decision of the previous hearing dated 29.05.2025. The presiding judge informed also that the representative of the Special Prosecution office, Mr. Adnan Xholi, was acquainted with the forwarded acts through authorized persons and the acts requested by them were made available to him, whereas the assessee was informed about them.

The parties expressed their agreement that the acts be accepted as evidence by the trial panel.

After being consulted, the trial panel decided to accept as evidence the acts delivered to the AC, as well as the submissions of the parties filed during the previous hearing.

The trial panel decided not to continue the investigation with regard to the complaints, as the criteria of Article 53 of Law no. 84/2016 are not met.

With regard to the proficiency assessment criterion, referring to the findings in the acts delivered to the AC, the representative of the Special Prosecution Office stated that there are professional deficiencies evidenced during the exercise of the office by the assessee.

The assessee, Ms. Elona Alvora, provided her explanations regarding the findings referred to by the representative of the Special Prosecution office.

In order to provide the parties the necessary time to prepare the final conclusions, the trial panel decided to close the judicial investigation of the case and postpone the hearing to 09.07.2025, at 09:00.

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

On Thursday, 26.06.2025, at 10:00, the Appeal Chamber shall consider in camera case (JR) no. 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.

The trial panel of this case shall consist of the following judges:

Presiding:        Sokol Çomo

Rapporteur:     Ina Rama

Members:        Albana Shtylla, Mimoza Tasi, Rezarta Schuetz

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