28 October 2021
The Public Commissioner was present today at the Appeal Chamber while initiated the judicial review of the appeal filed against the Decision no. 273/2020, of the Independent Qualification Commission, of the assessee Ms. Alkelina Gazidedja, judge at Tirana Administrative Court of Appeal.
After verifying the presence of the parties in the hearing, the presiding judge invited the Public Commissioner to submit the appeal grounds and also the assessee to submit her objections.
The Public Commissioner, in his submissions, sustained the appeal grounds and in their analysis argued that the assessee does not achieve a trustable level for the confirmation in duty. At the end of his submissions, the Public Commissioner, also in consideration of the recommendation of the International Monitoring Operation, to file an appeal, requested the adjudication panel to take the case under review and at the end of a comprehensive investigation, to decide the amendment of the decision of the Independent Qualification Commission and the dismissal from office of the assessee, Ms. Alkelina Gazidedja.
The assessee, through the legal representative, initially addressed questions to the Public Commissioner about the appeal grounds, which were mostly related to the asset criterion and then continued with the objections. Whereas, regarding the appeal grounds, which are related to the proficiency criterion, the assessee raised claim that the Public Commissioner cannot appeal cases that are referred to a disciplinary investigation by the Independent Qualification Commission, informing that the High Inspector of Justice are conducting a disciplinary investigation, which is suspended, pending for decision that the Appeal Chamber will take whether or not to accept this appeal ground.
The adjudication panel, on -the- spot consultation, decided to adjourn the hearing on November 1, 2021, at 14:00 p.m., in order to become acquainted with the position of the Public Commissioner regarding the above allegations of the assessee.
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
