07 May 2021
The Public Commissioner within the legal time limit filed an appeal at the Appeal Chamber by the Constitutional Court against the Decision no. 344/2021, of the Independent Qualification Commission, for the subject of re-evaluation, Mrs. Marinela Osmani (Nuni), magistrate / judge at the Court of First Instance Tirana (as of the time of the decision holds the position of Legal Advisor in the Support Unit of the Committees in the High Judicial Council).
The Public Commissioner based on his constitutional and legal competence, in the assessment of the recommendation of the International Monitoring Operation (IMO) ascertains that, from the review of the decision no. 344/2021, of the Independent Qualification Commission and its accompanying acts emerge suchlike legal circumstances which make the decision vulnerable in its entirety.
The Public Commissioner requests that the grounds of the appeal to be reviewed from the Appeal Chamber and after the College has conducted a thorough investigation and evaluation of the results of the administrative investigation for the subject of the re-evaluation, to decide to uphold the decision no. 344/2021, of the Independent Qualification Commission, otherwise its amendment.
Pursuant to point 1, of Article 16, of the regulation of the Institution of Public Commissioners, the appeal and the recommendation of IMO is published on the official website of this institution: http://ikp.al/ankime
The Institution of Public Commissioners has been established and operates under Article 179/b and the Annex of the Constitution of the Republic of Albania and Law No. 84/2016, “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.
Public Commissioners represent the public interest during the transitional process of re-evaluation of judges and prosecutors in the Republic of Albania.