2019-05-29 00:00 - 2019-05-29 00:00
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.