March 11, 2024
The Public Commissioner was present today at the Appeal Chamber where a public hearing was held on the request of the former assessee, Mrs. Antoneta Sevdari, for the review of decision no. 6/2019, of the Appeal Chamber.
After verifying the parties’ presence in the hearing, the presiding judge informed that the adjudication panel during the consultation in the chamber had decided to transfer the review of the aforementioned case to a public hearing, aiming to provide an opportunity to the applicant Mrs. Antoneta Sevdari and the Public Commissioner, to be heard and express their views on the request for the review of decision no. 6/ 2019, of the Appeal Chamber.
Consequently, the former assessee through her legal representative, presented the circumstances upon which her request was founded , following the decision of the European Court of Human Rights, concerning the case “Antoneta Sevdari v. Albania – December 13, 2022”, and in conclusion she requested the adjudication panel to decide alternatively: the annulment of decision no. 6/2019, of the Appeal Chamber, while upholding the decision of her confirmation in office, or reopening the re-evaluation process, the annulment of decision no. 6/2019 of the IQC, and the upholding of decision no. 42/2018, of the Independent Qualification Commission.
The Public Commissioner, upon analyzing the acts forwarded by the Chamber and the applicable legal basis, deemed that the decision related to the request for the review of his own decision and its basis, remains in the assessment and competences of the Chamber.
The presiding judge addressed questions regarding the positions of the involved parties and following consultations, the panel decided; to accept the request of the applicant Antoneta Sevdari for the review of the decision of the Appeal Chamber (JR) no. 6/2019, the annulment of the decision of the Appeal Chamber (JR) no. 6/2019, and retrial of the court case, which pertains to the appeal of the Public Commissioner against the decision of the Independent Qualification Commission no. 42/2018.
The forthcoming hearing to continue the trial of the entire case is settled to take place on April 17, 2024, at 10:00.
In accordance with Article 16, Point 1 of the Institution of Public Commissioners’ regulations, the appeal and elements of the case are published on the official website of the institution, which can be accessed at 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.