26 October 2018
The Public Commissioner appealed to the Appeal Chamber at the Constitutional Court the Decision No. 62/2018, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Artur Malaj, Judge at the Administrative Court of Appeal, Tirana.
In the assessment of the Public Commissioner, in the present case there is no conviction that the subject of the re-evaluation has accurately and adequacy declared his property in use or in possession and of other related persons, has failed to credibly explain the lawful origin of assets, property and incomes of their creation and those of their related persons in order to achieve a trustable level of asset assessment, pursuant to Article 59/1 of Law No. 84/2016.
The Public Commissioner, pursuant to the competences recognized by the Annex of the Constitution, based on Articles D and F, Articles 30-34 and point 3 of Article 61 of Law No. 84/2016 and taking into consideration the recommendation of the International Monitoring Operation, requests from the Appeal Chamber that at the conclusion of the Adjunction Panel of the case in the public hearing to decide the amended Decision No. 62/.2018, of the Independent Qualification Commission and to dismiss from office the re-evaluation subject, Mr. Artur Malaj.
Based on point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal is published on the official website: www.ikp.al
The Institution of Public Commissioners has been established and operates under Article 179/b 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”.
Public Commissioners represent the public interest during the process of re-evaluation of judges and prosecutors in the Republic of Albania.