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 Appeal Chamber is an independent institution established to carry out the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania. The Appeal Chamber possesses (bears) disciplinary jurisdiction against members of Constitutional Court, High judicial Council, High Prosecutorial Council and High Inspectorate of Justice enforcing disciplinary sanctions (measures) against other judges, prosecutors and inspectors.

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  • Hearing day
    00:00
    2019.05.02

    The Appeal Chamber held on May 2, 2019, the next public hearing of case (JR) no.9/2018, dated 19.07.2018, corresponding to the appeal of the Public Commissioner against decision no.22, dated 07.06.2018, of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Mr. Edmond Islamaj.

    During today’s hearing, the adjudication panel – following the final conclusions of the Public Commissioner, who requested in the end the modification of IQC decision no. 22, dated 07.06.2018, and the dismissal from office of the assessee Edmond Islamaj, and the final conclusions of the assessee, who in the end requested the upholding of IQC decision no. 22 dated 07.06.2018, as a fair decision, supported in facts and evidences and based on law and Constitution – declared the judicial review closed and decided to announce its decision on Wednesday, 22.05.2019, at 15:00 h. The adjudication panel clarified that the scheduling of this date was due to objective reasons, related to the composition of the adjudication panel.

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

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  • Hearing day
    00:00
    2019.05.06

    On May 6, 2019, at 10:00 h, the Appeal Chamber held the public hearing of case (JR) no. 20/2018, dated 17.10.2018, corresponding to the appeal of the assessee Ms. Rovena Gashi against decision no.48, dated 25.07.2018 of the Independent Qualification Commission.

    During today’s hearing the assessee submitted to the Appeal Chamber the request that Ms. Ema Gashi had lodged with the High Judicial Council through which it is requested the declaration of the resignation as judge of Durres Judicial District, as well as the resignation and termination of the status of the magistrate in the Republic of Albania. Following the filing of this request, the assessee, Ms. Rovena Gashi, requested again the adjudication panel that her sister, Ms. Ema Gashi, be her legal representative in this process.

    Upon an interim decision, the adjudication panel argued:

    Pursuant to Article 65, paragraph 2, of Law 96/2016, “On the status of judges and prosecutors in the Republic of Albania”, the resignation has to be in writing and it does not need to be motivated. The resignation produces its effects at the end of the following month, from the date where the Council receives the written declaration of resignation. The termination of the status of the magistrate shall be declared by a decision of the Council no later than two weeks before the termination of the status; also, Article 65, paragraph 3, stipulates that in justified cases, upon motivated request and approval of the Council, the resignation could produce its effects before the period set out in paragraph 2 of this Article.

    It does not result from the declaration and request filed with this court, as well as from the explanations of the assessee in this hearing, that there is any special request made in compliance with the provisions of Article 65, paragraph 3, of the Law on the Status of Magistrates.

    If it were to be referred to concrete time limits, when this request of Ms. Ema Gashi would produce the effects of the termination of the status of magistrate, the adjudication panel considers that this term, under Article 65, paragraph 2, would be June 30, 2019, whereas the High Judicial Council would make a statement to this respect until July 14, 2019. If the request of Ms. Ema Gashi would have been motivated under Article 65, paragraph 3, of the Law, then the resignation and the decision-making of the High Judicial Council would produce their effects prior to the time limits provided for in Article 65, paragraph 2, of the law on magistrates.

    On the other hand, under Article 93 of the Civil Procedure Code, the assessee is included in the category of persons who have the capacity to act, therefore, may perform herself all procedural actions, except when provided otherwise by the law. According to the assessment of the adjudication panel, the assessee is not included under the category of subjects that need to be defended by legal representatives appointed by the state. Under these terms, the adjudication panel considers that it does not accept the request as of today of the assessee to be represented in this trial by Ms. Ema Gashi, still a judge at Durrës judicial district, as this request is contrary to Article 96, second paragraph, item “ç”, of the Civil Procedures Code.

    Following this interim decision, the assessee left the room. The adjudication panel decided to continue the trial in the absence of the assessee.

    The chairperson of the panel read the full findings and the accompanying evidences submitted to the Appeal Chamber by the international observer Ms. Mia Roessingh – Bakels. This finding was filed by the IMO Observer as the assessee, in the appeal filed against decision no. 48 of the Independent Qualification Commission, has claimed her impossibility to be present in the hearing held on July 20, 2018 by the Independent Qualification Commission. In order to prove her claim, the assessee had attached to this appeal a medical report.

    The adjudication panel, after administering in the case file the finding and evidences attached to it, closed the judicial examination and decided to announce its decision on case (JR) 20/2018, dated 17.10.2018, on May 29, at 14.00 h.

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

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  • Announcement
    All day
    2019.05.07

    The Appeal Chamber registered case (JR) no. 22/2019, dated 02.05.2019, corresponding to the appeal of the assessee Mr. Hysni Demiraj against decision no. 108, dated 15.02.2019 of the Independent Qualification Commission related to the re-evaluation of the assessee Mr. Hysni Demiraj.

    The lot was drawn today on 07.05.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

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

    Chairperson:  Ardian Hajdari

    Rapporteur:   Ina Rama

    Members:       Albana Shtylla, Luan Daci, Sokol Çomo

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  • Announcement
    00:00
    2019.05.14

    The Appeal Chamber has registered case (JR) no. 23/2019, dated 08.05.2019, corresponding to the appeal of Public Commissioner against decision no. 112, dated 04.03.2019 of the Independent Qualification Commission related to the re-evaluation of the assessee Mr. Dritan Peka.

    The lot was drawn today on 14.05.2019 at the Appeal Chamber to assign the adjudication panel, the Chairperson and the Rapporteur of the case.

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

    Chairperson:  Natasha Mulaj

    Rapporteur:   Rezarta Schuetz

    Members:       Ardian Hajdari, Luan Daci, Sokol Çomo

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  • Hearing day
    00:00
    2019.05.22

    The Appeal Chamber held on April 26, 2019, the next public hearing of case (JR) no. 13/2018, dated 07.09.2018, corresponding to the appeal of the Public Commissioner against decision no.32, dated 05.07.2018 of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Ms. Alma Brati.

    During today’s hearing, the assessee requested the adjudication panel to not consider the submitted denunciations concerning persons related to the assessee, filed with the adjudication panel during the previous hearing, considering them fictitious, having misinterpretations in terms of figures, and lacking the requirements of a legal due act.

    The assessee, Ms. Brati, requested also that the panel allows the collection in the capacity of evidence of two new documents filed by her during today’s hearing.

    The Public Commissioner stated that he shall carry out a new analysis on the basis of the new documents filed by the assessee and he shall make a statement with this regard in the final conclusions.

    The adjudication panel decided not to open the judicial investigation with regard to the denunciations, as well as to allow the collection in the capacity of evidence of the documents submitted by the assessee.

    To allow the Appeal Chamber to carry out the financial analysis following the new evidences filed by the assessee, the adjudication panel decided to adjourn the public hearing on May 22, 2019, at 10:00 h.

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

  • Announcement of decision
    00:00
    2019.05.22

    The Appeal Chamber held on May 2, 2019, the next public hearing of case (JR) no.9/2018, dated 19.07.2018, corresponding to the appeal of the Public Commissioner against decision no.22, dated 07.06.2018, of the Independent Qualification Commission related to the transitional re-evaluation of the assessee Mr. Edmond Islamaj.

    During today’s hearing, the adjudication panel – following the final conclusions of the Public Commissioner, who requested in the end the modification of IQC decision no. 22, dated 07.06.2018, and the dismissal from office of the assessee Edmond Islamaj, and the final conclusions of the assessee, who in the end requested the upholding of IQC decision no. 22 dated 07.06.2018, as a fair decision, supported in facts and evidences and based on law and Constitution – declared the judicial review closed and decided to announce its decision on Wednesday, 22.05.2019, at 15:00 h. The adjudication panel clarified that the scheduling of this date was due to objective reasons, related to the composition of the adjudication panel.

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

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  • Announcement of decision
    00:00
    2019.05.29

    On May 6, 2019, at 10:00 h, the Appeal Chamber held the public hearing of case (JR) no. 20/2018, dated 17.10.2018, corresponding to the appeal of the assessee Ms. Rovena Gashi against decision no.48, dated 25.07.2018 of the Independent Qualification Commission.

    During today’s hearing the assessee submitted to the Appeal Chamber the request that Ms. Ema Gashi had lodged with the High Judicial Council through which it is requested the declaration of the resignation as judge of Durres Judicial District, as well as the resignation and termination of the status of the magistrate in the Republic of Albania. Following the filing of this request, the assessee, Ms. Rovena Gashi, requested again the adjudication panel that her sister, Ms. Ema Gashi, be her legal representative in this process.

    Upon an interim decision, the adjudication panel argued:

    Pursuant to Article 65, paragraph 2, of Law 96/2016, “On the status of judges and prosecutors in the Republic of Albania”, the resignation has to be in writing and it does not need to be motivated. The resignation produces its effects at the end of the following month, from the date where the Council receives the written declaration of resignation. The termination of the status of the magistrate shall be declared by a decision of the Council no later than two weeks before the termination of the status; also, Article 65, paragraph 3, stipulates that in justified cases, upon motivated request and approval of the Council, the resignation could produce its effects before the period set out in paragraph 2 of this Article.

    It does not result from the declaration and request filed with this court, as well as from the explanations of the assessee in this hearing, that there is any special request made in compliance with the provisions of Article 65, paragraph 3, of the Law on the Status of Magistrates.

    If it were to be referred to concrete time limits, when this request of Ms. Ema Gashi would produce the effects of the termination of the status of magistrate, the adjudication panel considers that this term, under Article 65, paragraph 2, would be June 30, 2019, whereas the High Judicial Council would make a statement to this respect until July 14, 2019. If the request of Ms. Ema Gashi would have been motivated under Article 65, paragraph 3, of the Law, then the resignation and the decision-making of the High Judicial Council would produce their effects prior to the time limits provided for in Article 65, paragraph 2, of the law on magistrates.

    On the other hand, under Article 93 of the Civil Procedure Code, the assessee is included in the category of persons who have the capacity to act, therefore, may perform herself all procedural actions, except when provided otherwise by the law. According to the assessment of the adjudication panel, the assessee is not included under the category of subjects that need to be defended by legal representatives appointed by the state. Under these terms, the adjudication panel considers that it does not accept the request as of today of the assessee to be represented in this trial by Ms. Ema Gashi, still a judge at Durrës judicial district, as this request is contrary to Article 96, second paragraph, item “ç”, of the Civil Procedures Code.

    Following this interim decision, the assessee left the room. The adjudication panel decided to continue the trial in the absence of the assessee.

    The chairperson of the panel read the full findings and the accompanying evidences submitted to the Appeal Chamber by the international observer Ms. Mia Roessingh – Bakels. This finding was filed by the IMO Observer as the assessee, in the appeal filed against decision no. 48 of the Independent Qualification Commission, has claimed her impossibility to be present in the hearing held on July 20, 2018 by the Independent Qualification Commission. In order to prove her claim, the assessee had attached to this appeal a medical report.

    The adjudication panel, after administering in the case file the finding and evidences attached to it, closed the judicial examination and decided to announce its decision on case (JR) 20/2018, dated 17.10.2018, on May 29, at 14.00 h.

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

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