13 December 2018
The Public Commissioner was present today at the Appeal Chamber, while reviewed the appeal filed by this Institution against the Decision No. 32/2018, of the Independent Qualification Commission, for the subject of re-evaluation Mrs. Alma Brati, Judge at the Judicial District Court, Tirana.
The Public Commissioner in the case submitted, presented to the Adjudication Panel the reasons of the appeal decision of the Independent Qualification Commission, which in the Public Commissioner assessment based on the facts and evidences administrated, is not in conformity with the constitutional and legal determinants of the control of the asset criterion, referred to point 1 of Article 59 of Law no. 84/2016, “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania”.
The Public Commissioner requested from the Appeal Chamber that by re-opening of the judicial inquiry shall take into consideration the deficiencies of the administrative investigation carried out by the Independent Qualification Commission and at the conclusion of the adjudication of the case to decide:
– Amendment or Enforcement of Decision no. 32/ 2018, of the Independent Qualification Commission.
Whilst in her submissions, the subject of the re-evaluation, Alma Brati opposed the appeal and stated that she has submitted to the Appeal Chamber, new evidences based on the grounds of the appeal of the Public Commissioner.
The Panel of the Appeal Chamber decided to postpone the judicial session on December 18, 2018, providing time to the Public Commissioner to become acquainted with the new evidence presented by the re-evaluation subject.
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. PDF
