08 September 2021
The Public Commissioner was present today at the Appeal Chamber while continued the judicial review of the appeal filed against the Decision no. 374/2021, of the Independent Qualification Commission, for the subject of re-evaluation, Mr. Shkëlqim Miri, former judge of the Tirana Court of Appeals.
After verifying the presence of the parties, the presiding judge noticed the absence of the subject of the re-evaluation, for which he confirmed that although he was aware of the hearing occurring, he had not presented any reasonable motive for his lack of participation.
Once being acquainted with the position of the Public Commissioner, on the spot consultation the adjudication panel decided the continuance the hearing with the presentation of the final conclusions, in the absence of the subject of the re-evaluation.
The Public Commissioner in his final conclusions sustained the grounds of the appeal and requested from the Appeal Chamber to amend the paragraph 1 of the provision of the decision no. 347/2021, of the Independent Qualification Commission classifying the re-evaluation process of Mr. Shkëlqim Miri, as an incomplete case due to the re-evaluation jurisdiction. The Public Commissioner, also referring to paragraph 2, Article 66, of law no. 84/2016, requested that the Appeal Chamber, in the context of the reasoning its decision, may give indication to the Commission in resolving similar cases.
The adjudication panel after being acquainted with final conclusions of the Public Commissioner decided to close the judicial investigation and informed that the following hearing to announce the final decision will be held on September 16, 2021, at 13: 00 p.m.
Pursuant to point 1, Article 16 of the regulation of the Institution of Public Commissioners, the appeal 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”.
The Public Commissioners represent the public interest during the transitional process of re-evaluation of judges and prosecutors in the Republic of Albania.