July 9, 2024
Today, the Public Commissioner was present at the Appeal Chamber to initiate the judicial review of the appeal filed against Decision no 632/2023, of the Independent Qualification Commission. This decision pertains to the assessee, Mr. Laurent Fuçia serving as a judge in the First Instance Court of the General Jurisdiction of Vlora.
During the verification of the parties’ presence, the presiding judge informed that the respective submissions, along with two new denunciations filed in the Chamber, had been made available to the parties. After confirming their acquaintance with the aforementioned documents, the presiding judge invited the Public Commissioner to present the appeal grounds.
The Public Commissioner, adhering to the findings in the appeal and in line with the IMO’s Recommendation, asserted that the assessee had failed to prove the contrary of the burden of proof regarding the proficiency criterion. Furthermore, repeated behaviors involving the incorrect interpretation of legal norms raised doubts about his integrity. In conclusion, the Public Commissioner requested the adjudication panel for the amendment of decision no. 632/ 2023, and the dismissal from office of the assessee, Mr. Laurent Fuçia.
During his submissions, the assessee claimed the opposite of the appeal and requested that the adjudication panel accept additional documents to support the re-evaluation of the proficiency criterion. In conclusion, the assessee claimed that contrary to what was argued in the appeal, he met the qualifying level in the proficiency criterion.
After deliberation, the adjudication panel decided to open the judicial investigation and accept some of the acts submitted by the assessee in the quality of evidence, noting that other documents could be accessed online.
Subsequently, when the presiding judge questioned for the opinion concerning the aforementioned documents, the Public Commissioner stated that there was no need for additional time to review these acts, as they were not related to the appeal grounds.
Under these conditions, the panel closed the judicial review and invited the parties to present their final arguments.
The Public Commissioner requested that the submissions presented during the hearing be considered as conclusions, holding his final request. The assessee also upheld his objections and the request for reconfirmation in office, emphasizing that he had met the qualifying level on the proficiency criterion.
After hearing the final arguments from both parties, the adjudication panel withdrew to the consultation chamber to render the final decision, which will be announced on July 25, 2024, at 3:00 PM.
Based on point 1 of Article 16 of the Institution of Public Commissioners’ regulations, the appeal and the elements of the case have been 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.