12 June 2019

The Public Commissioner was present today at the Appeal Chamber, where initiated the judicial review of the appeal filed against the Decision no. 43/2018, of the Independent Qualification Commission, for the subject of re-evaluation Mrs. Nertina Kosova, magistrate/ judge at Serious Crimes Appeal Court.

The Public Commissioner in presenting the element of the case to the Adjudication Panel, to become acquainted with the grounds of the appeal of the decision of the Independent Qualification Commission, which in the assessment of the Public Commissioner, was not conducted a full investigation, consequently could not be concluded that the subject of re-evaluation achieves trustable level in the asset assessment, referring to Article D of the Annex of the Constitution.

The Public Commissioner requested that the grounds of this appeal could be taken into consideration by the Appeal Chamber, and solely after the College have conducted an investigation and assessment on the lawful origin, the accuracy and fullness of the disclosure of the asset assessment/liquidity of the subject of re-evaluation Mrs.Nertina Kosova and those of their related persons, pursuant to Article 59 and 61 of law no. 84/2016, to alternatively decide:

-Modifying the decision no. 43/2018 of the Independent Qualification Commission, or

– Uphold the decision.

Whilst, in presenting her elements of the case, the subject of re-evaluation Mrs. Nertina Kosiva objected the grounds of the appeal, and requested from the Appeal Chamber to open the investigation and to administrate in the quality of evidence 61(sixty-one) new acts.

The following public hearing related to the administration of evidences shall be adjourned on June 21, 2019, at 10:00 a.m.

Based on point 1, Article 16 of the Regulation “On the activity of the Institution of Public Commissioners”, the appeal and the element of the case are 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