On Thursday 01.10.2020, at 10:00 h, the Appeal Chamber shall review in camera the case (JR) no. 11/2019, dated 21.02.2019, corresponding to the appeal of the assessee Luan Dervishi, against decision no. 83, dated 26.11.2018 of the Independent Qualification Commission.

The adjudication panel for this case consists of judges:

Presiding judge:  Ardian Hajdari

Rapporteur:        Sokol Çomo

Members:           Albana Shtylla, Ina Rama, Natasha Mulaj

The review in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The adjudication panel of the Appeal Chamber, composed of judges, Presiding Judge Ardian Hajdari, case rapporteur Sokol Çomo and members Albana Shtylla, Ina Rama, Natasha Mulaj announced the decision on the case (JR) no.11/2019, dated 21.02.2019, corresponding to the appeal of the assessee Luan Dervishi, against decision no. 83, dated 26.11.2018 of the Independent Qualification Commission.

In conclusion of the review in camera, 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”, the adjudication panel, unanimously, decided:

1. Upholding of decision no. 83, dated 26.11.2018 of the Independent Qualification Commission, corresponding to the assessee Luan Dervishi.
2. This decision is final and effective immediately.

Announced in Tirana, today, on 01.10.2020.

The Appeal Chamber held on 02.10.2020, at 10:00 h, the public hearing on the case (JR) no. 23/2019, dated 08.05.2019, corresponding to the appeal filed by the Public Commissioner against decision no. 112 dated 04.03.2019 of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Dritan Peka.

The Presiding judge informed that in fulfillment of the tasks assigned in the preceding hearing, the assessee had electronically submitted his objections to the Appeal Chamber regarding the financial analysis carried out by the Appeal Chamber, at the request of the Public Commissioner.

The Public Commission while stating his position about this financial analysis, agreed with some of the items of the analysis, while opposed the calculations made for the cash liquidity balance, declared by the assessee in the periodic declarations of 2005 and 2010.

The assessee, on the other hand, grounded his objections with regard to the financial analysis on the 16 new acts, that he submitted with the adjudication panel.

The adjudication panel decided to admit as evidence the new acts filed by the assessee.

After the litigants stated that they had no additional requests, the adjudication panel, upon an interim decision, decided to conclude the judicial investigation and invited the litigants to put forward their final conclusions on 08.10.2020, at 10:00. In this hearing, along with the final conclusions, the Public Commissioner shall state his position regarding the new evidence submitted by the assessee regarding the financial analysis.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi: “Dëshmorët e Kombit”, Nr. 3, Tiranë.

The Appeal Chamber held on 06.10.2020, at 10:00, the public hearing on the case (JR) no. 57/2019, dated 11.11.2019, corresponding to the appeal of the Public Commissioner and the appeal and counter-appeal of the assessee Elvin Gokaj, against decision no. 187, dated 24.07.2019 of the Independent Qualification Commission.

While putting forward his appeal grounds, the Public Commissioner stated that he shares an adversarial judgment to the decision of the Independent Qualification Commission, which, has identified only deficiencies in the proficiency assessment of the assessee, Mr. Elvin Gokaj and upon this ascertainment it was decided his suspension from office for a period of one year and the obligation of the assessee to attend the training program, according to the curricula approved by the School of Magistrates. The Public Commissioner requested the amendment of decision no. 187, dated 24.07.2019 of the Independent Qualification Commission and dismissal from office of the assessee, because according to the Public Commissioner, Mr. Gokaj does not reach a trustable level in the assets assessment.

On the other hand, through the legal representative, the assessee put forward his submissions regarding the appeal filed by him, as well as his objections to the appeal grounds of the Public Commissioner, by requesting the re-opening of the investigation, based on several new written acts filed during the today’s hearing that he asked to be admitted as evidence by the adjudication panel. The assessee stated that even the decision of the Independent Qualification Commission that has identified deficiencies in his proficiency assessment, is vulnerable in its entirety and lacks a proper legal analysis.

Upon an interim decision, the adjudication panel decided to reopen the judicial investigation and to accept as evidence only some of the acts filed by the assessee, and pursuant to Article 49, paragraph 6, items “a” and “d “of Law 84/2016, deemed that the rest of the acts are unnecessary and do not affect the decision-making, even if those acts are assessed as true.

Given that the adjudication panel decided to accept as evidence two acts, with regard to the appeal of the Public Commissioner and the appeal of the assessee, it decided that both appeals shall be examined together in the same process.

The subsequent hearing shall be held on 21.10.2020 at 10.30, in order to provide the parties with the necessary time to prepare for the deliberations regarding the new evidence.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber held on 08.10.2020, at 10:00 h, the public hearing on the case (JR) no. 23/2019, dated 08.05.2019, corresponding to the appeal filed by the Public Commissioner against the decision no. 112, dated 04.03.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Dritan Peka.

In today’s hearing, the litigants presented their final conclusions. The Public Commissioner stated that the new evidence submitted by the assessee were convincing with regard to the proficiency assessment criterion. The Public Commissioner requested the amendment of decision no. 112, dated 04.03.2019, of the Independent Qualification Commission and dismissal from office of the assessee Dritan Peka, based on the assets assessment criterion. The Public Commissioner stated that Mr. Peka lacked full disclosure in the assets assessment and asked the Appeal Chamber to take into consideration the appeal grounds filed for this criterion.

While submitting the final conclusions, the assessee stated his objections to the appeal grounds and requested the upholding of decision no. 112, dated 04.03.2019, of the Independent Qualification Commission and his confirmation in office.

After having heard the final conclusions of the litigants, the adjudication panel withdrew to render the final decision on the case, which shall be announced on 22.10.2020, at 13.00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, Nr. 3, Tiranë.

Announcement

The Appeal Chamber has registered the case (JR) no.42/2020, dated 30.09.2020 corresponding to the appeal of the Public Commissioner against decision no. 269, dated 01.07.2020 of the Independent Qualification Commission, related to the assessee Valdete Hoxha.

The lot was drawn today on 08.10.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Presiding judge:  Albana Shtylla

Rapporteur: Natasha Mulaj

Members: Ina Rama, Rezarta Schuetz, Sokol Çomo

***

Announcement

The Appeal Chamber has registered the case (JR) no.43/2020, dated 30.09.2020 corresponding to the appeal of the Public Commissioner against decision no. 273, dated 10.07.2020 of the Independent Qualification Commission, related to the assessee Alkelina Gazidedja.

The lot was drawn today on 08.10.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Presiding judge:  Ina Rama

Rapporteur: Ardian Hajdari

Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz

***

Announcement

The Appeal Chamber has registered the case (JR) no.44/2020, dated 02.10.2020 corresponding to the appeal of the assessee Blerim Tominaj against decision no. 261, dated 16.06.2020 of the Independent Qualification Commission.

The lot was drawn today on 08.10.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Presiding judge: Ardian Hajdari

Rapporteur: Sokol Çomo

Members:  Albana Shtylla, Ina Rama, Rezarta Schuetz

On Thursday 15.10.2020, at 10:00 h, the Appeal Chamber shall review in camera the case (JR) no. 28/2019, dated 24.05.2019, corresponding to the appeal of the assessee Çlirim Shahini, against decision no. 124, dated 26.03.2019 of the Independent Qualification Commission.

The adjudication panel for this case consists of judges:

Presiding judge:  Sokol Çomo

Rapporteur:        Rezarta Schuetz

Members:           Ardian Hajdari, Ina Rama, Natasha Mulaj

The review in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

On Monday 09.11.2020, at 10:00, the Appeal Chamber shall review in camera the case (JR) no.32/2019, dated 09.07.2019 corresponding to the appeal filed by the assessee Edison Ademi, against decision no. 137, dated 09.04.2019 of the Independent Qualification Commission.

The adjudication panel for this case is composed of judges:

Presiding judge: Rezarta Schuetz

Rapporteur: Ardian Hajdari

Members: Albana Shtylla, Natasha Mulaj, Sokol Çomo

The in camera hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tiranë.

The adjudication panel of the Appeal Chamber composed of judges, Sokol Çomo Presiding judge, Rezarta Schuetz case rapporteur and members Ardian Hajdari, Ina Rama, Natasha Mulaj announced the decision on the case (JR) no. 28/2019, dated 24.05.2019, corresponding to the appeal of the assessee Çlirim Shahini, against decision no. 124, dated 26.03.2019 of the Independent Qualification Commission.

In conclusion of the review in camera, the adjudication panel, pursuant to Article 66, paragraph 1, item “a” of the Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, unanimously, decided:

1. Upholding of decision no. 124, dated 26.03.2019 of the Independent Qualification Commission, corresponding to the assessee Çlirim Shahini.
2. This decision is final and effective immediately.

Announced today in Tirana, on 15.10.2020.

On Friday 16.10.2020, at 10:00, the Appeal Chamber shall review in camera the case (JR) no. 40/2019, dated 04.09.2019, corresponding to the appeal of the assessee Arjana Fullani, against decision no. 186, dated 23.07.2019 of the Independent Qualification Commission.

The adjudication panel for this case consists of judges:

Presiding judge:  Albana Shtylla

Rapporteur:        Natasha Mulaj

Members:           Ina Rama, Rezarta Schuetz, Sokol Çomo

The review in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

Today, on 16.10.2020, at 10:00 h, the Appeal Chamber reviewed in camera the case no. (JR) 40/2018, dated 04.09.2019, corresponding to the appeal of the assessee Arjana Fullani against decision no. 186, dated 23.07.2019 of the Independent Qualification Commission.

After reviewing the case and dismissed by a majority of votes the request of the assessee for the suspension of the adjudication, 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 pursuant to Article 51, paragraph 1/b of Law no. 49/2012 on “On the Administrative Courts and Administrative Disputes”, as amended , the adjudication panel, composed of Albana Shtylla presiding judge, Natasha Mulaj case rapporteur and members Ina Rama, Rezarta Schuetz, Sokol Çomo, decided to review the case in a public hearing on Wednesday, 04.11.2020, at 10:30 h.

The Appeal Chamber held on 21.10.2020, at 10:30, the public hearing on the case (JR) no. 57/2019, dated 11.11.2019, corresponding to the appeal of the Public Commissioner and the appeal and counter-appeal of the assessee Elvin Gokaj, against decision no. 187, dated 24.07.2019 of the Independent Qualification Commission.

While verifying of the presence of the litigants, the presiding judge noted that the Public Commissioner Mr. Darjel Sina who has filed the appeal for the case (JR) no. 57/2019, dated 11.11.2019, was not present.

In his absence, the Public Commissioner Mr. Florian Ballhysa was present to inform that Mr. Sina had notified the Appeal Chamber via e-mail that for objective reasons, he was unable to attend the hearing and requested the adjournment of the hearing to an appropriate time.

After the presiding judge confirmed that the Appeal Chamber had received the e-mail upon which the Public Commissioner Darjel Sina had informed about being unable to attend today’s hearing for objective reasons and after the legal representative of the assessee expressed her agreement regarding the request of the Public Commissioner, the adjudication panel decided to adjourn the public hearing on 02.11.2020, at 10:00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The Appeal Chamber has registered the case (JR) no.45/2020, dated 15.10.2020 corresponding to the appeal of the assessee Selim Kryeziu against decision no. 278, dated 22.07.2020 of the Independent Qualification Commission.

The lot was drawn today on 21.10.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Presiding Judge: Albana Shtylla

Rapporteur: Ardian Hajdari

Members:  Ina Rama, Natasha Mulaj, Rezarta Schuetz

The Appeal Chamber held on 08.10.2020, at 10:00 h, the public hearing on the case (JR) no. 23/2019, dated 08.05.2019, corresponding to the appeal filed by the Public Commissioner against the decision no. 112, dated 04.03.2019, of the Independent Qualification Commission related to the transitional re-evaluation process of the assessee Dritan Peka.

In today’s hearing, the litigants presented their final conclusions. The Public Commissioner stated that the new evidence submitted by the assessee were convincing with regard to the proficiency assessment criterion. The Public Commissioner requested the amendment of decision no. 112, dated 04.03.2019, of the Independent Qualification Commission and dismissal from office of the assessee Dritan Peka, based on the assets assessment criterion. The Public Commissioner stated that Mr. Peka lacked full disclosure in the assets assessment and asked the Appeal Chamber to take into consideration the appeal grounds filed for this criterion.

While submitting the final conclusions, the assessee stated his objections to the appeal grounds and requested the upholding of decision no. 112, dated 04.03.2019, of the Independent Qualification Commission and his confirmation in office.

After having heard the final conclusions of the litigants, the adjudication panel withdrew to render the final decision on the case, which shall be announced on 22.10.2020, at 13.00 h.

The public hearing shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, Nr. 3, Tiranë.

On Tuesday 24.11.2020, at 09:00 h, the Appeal Chamber shall review in camera the case (JR) no.33/2019, dated 15.07.2019 corresponding to the appeal of the assessee Dritan Seci, against decision no. 114, dated 11.03.2019 of the Independent Qualification Commission.

The adjudication panel for this case consists of judges:

Presiding judge: Rezarta Schuetz

Rapporteur: Ardian Hajdari

Members: Ina Rama, Natasha Mulaj, Sokol Çomo

The review in camera shall be held at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tiranë.

The adjudication panel of the Appeal Chamber composed of judges, Natasha Mulaj Presiding judge, Rezarta Schuetz case rapporteur and members Ardian Hajdari, Ina Rama, Sokol Çomo announced the decision on the case (JR) no. 23/2019, dated 08.05.2019, corresponding to the appeal of the Public Commissioner against decision no. 112, dated 04.03.201 of the Independent Qualification Commission related to the transitional re-evaluation process for the assessee Dritan Peka.

In conclusion of the adjudication, pursuant to Article 66, paragraph 1, item “b” of the Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the adjudication panel, unanimously, decided:

1. Amendment of decision no. 112, dated 04.03.2019 of the Independent Qualification Commission by ruling on the dismissal from office of the assessee Dritan Peka.
2. This decision is final and effective immediately.

Announced today in Tirana, on 22.10.2020.

The Appeal Chamber announces that the hearing in camera on the case (JR) no. 42/2019, dated 17.09.2019, corresponding to the appeal of the assessee Fuat Vjerdha against decision no. 155, dated 10.06.2019 of the Independent Qualification Commission, scheduled to be held on 12.10.2020, at 10:00 h, due to lack of composition of the adjudication panel, shall be held on Friday, 23.10.2020, at 10:00 h.

The adjudication panel for this case consists of judges:

Presiding judge: Ardian Hajdari

Rapporteur: Ina Rama

Members: Albana Shtylla, Natasha Mulaj, Rezarta Schuetz

The in camera hearing shall take place at the premises of the Appeal Chamber, at: Bulevardi “Dëshmorët e Kombit”, nr.3. Tirana.

The adjudication panel of the Appeal Chamber composed of judges, Ardian Hajdari Presiding judge, Ina Rama case rapporteur and members Albana Shtylla, Natasha Mulaj, Rezarta Schuetz, announced the decision on the case (JR) no.42/2019, dated 17.09.2019, corresponding to the appeal of the assessee Fuat Vjerdha, against decision no. 155, dated 10.06.2019 of the Independent Qualification Commission.

In conclusion of the adjudication, pursuant to Article 66, paragraph 1, item “b” of the Law no. 84/2016, “On the transitional re-evaluation of judges and prosecutors in the Republic of Albania”, the adjudication panel, unanimously, decided:

1. Amendment of decision no. 155, dated 10.06.2019 of the Independent Qualification Commission, corresponding to the assessee Fuat Vjerdha and confirmation in office as the judge at the Court of Appeal in Shkoder.
2. This decision is final and effective immediately.

Announced today in Tirana, on 23.10.2020.

The Appeal Chamber has registered the case (JR) no.46/2020, dated 19.10.2020 corresponding to the appeal of the assessee Nure Dreni against decision no. 263, dated 17.06.2020 of the Independent Qualification Commission.

The lot was drawn today on 29.10.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Presiding judge: Natasha Mulaj

Rapporteur: Rezarta Schuetz

Members:  Albana Shtylla, Ardian Hajdari, Sokol Çomo

***

Announcement

The Appeal Chamber has registered the case (JR) no.47/2020, dated 22.10.2020 corresponding 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.

The lot was drawn today on 29.10.2020, at the Appeal Chamber to assign the adjudication panel, the Presiding judge and the Rapporteur of the case.

The adjudication panel, assigned by lot, consists of judges:

Presiding judge: Sokol Çomo

Rapporteur: Ina Rama

Members: Albana Shtylla, Ardian Hajdari, Rezarta Schuetz

Today, on 30.10.2020, the Appeal Chamber held the lot drawing for the replacement of judge Luan Daci, assigned as member on the case (JR) no. 34/2019, dated 18.07.2019 corresponding to the appeal of the assessee Albina Spaha against decision no. 139, dated 15.04.2019 of the Independent Qualification Commission.

Following the lot drawing, judge Luan Daci was replaced by judge Sokol Çomo.

The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.

Eventually, the adjudication panel of the case (JR) no. 34/2019, dated 18.07.2019, shall be composed of the following judges:

Presiding judge: Albana Shtylla

Rapporteur: Rezarta Schuetz

Members: Natasha Mulaj, Sokol Çomo, Ina Rama

***

Announcement

Today, on 30.10.2020, the Appeal Chamber held the lot drawing for the replacement of judge Luan Daci, assigned as member on the case (JR) no. 45/2019, dated 23.09.2019 corresponding to the appeal of the assessee Enkelejdi Hajro against decision no. 154, dated 10.06.2019 of the Independent Qualification Commission.

Following the lot drawing, judge Luan Daci was replaced by judge Sokol Çomo.

The replacement of Judge Luan Daci occurred due to his suspension from office upon decision no. 14, dated 24.07.2020 of the Judges’ Meeting.

Eventually, the adjudication panel of the case (JR) no. 45/2019, dated 23.09.2019, shall be composed of the following judges:

Presiding judge: Ina Rama

Rapporteur: Natasha Mulaj

Members: Albana Shtylla, Sokol Çomo, Rezarta Schuetz