27 April 2021
The Public Commissioner was present today at the Appeal Chamber while initiated the judicial review of the appeal filed against the Decision no. 183/2019, of the Independent Qualification Commission, for the subject of re-evaluation, Mr. Petrit Çano, prosecutor/Head of the Prosecution Office of the First Instance Court, Krujë.
After verifying the presence of the parties in the hearing, the subject of the re-evaluation presented to the adjudication panel the request for the dismissal of the appeal, raising claims for the legal time limits.
The Adjudication Panel, after stating that they were not previously been acquainted with this request and confirmed by the Public Commissioner that he was not aware of this claim as well, the panel withdrew to the consultation chamber and with reference to Article 450 / c, of the Civil Procedure Code, did not accept the request to dismiss the appeal.
The Public Commissioner, on his regard, stood by all the appeal grounds, while requested to the Appeal Chamber the administration of additional documentation by several institutions, as well as the financial capacity analysis of the subject of re-evaluation for the creation of assets, as set out in the appeal.
The Public Commissioner after presenting several new circumstances regarding the proficiency assessment requested the opening of the investigation of all three re-evaluation criteria.
The subject of re-evaluation, through his legal representative, in opposing the appeal grounds and the claims emerged from the public denunciations, requested the administration of several written evidence.
With regard to the new circumstances, submitted by the Public Commissioner related to the proficiency criterion, the defending party claimed that this investigation is the competence of the new justice institutions.
The adjudication panel, after having consulted in the deliberation room, decided to adjourn the hearing session, on May 14, 2021, at 10:30 a.m., in order to express on the requests of the parties for the opening of the judicial investigation and the administration of evidence accordingly.
Pursuant to paragraph 1, Article 16 of the regulation of the Institution of Public Commissioners, the appeal and elements of the case are 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”.
The Public Commissioners represent the public interest during the transitional re-evaluation process of judges and prosecutors in the Republic of Albania. PDF
