25 June 2019
The Public Commissioner was present today at the Appeal Chamber, while initiated the judicial review of the appeal filed against the Decision no 46/2018, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Xhezair Zaganjori, the President of the Supreme Court.
The Public Commissioner in the elements of the case presented to the Adjudication Panel the effective grounds and issues of the appeal to the decision of the Independent Qualification Commission, reached into conclusions that his confirmation in duty is based on erroneous reasoning and interpretation of the constitutional provisions and special legislation.
Regarding to the above, the Public Commissioner, referring to the findings and the administrative investigation in reference to the allegations and documents submitted by the subject of re-evaluation, deems that the latter in the criterion of asset assessment failed to accurately and fully disclose the legal obligation, set out in Article D of the Annex of the Constitution, requesting from the Appeal Chamber to modify the decision no.46/2018 of the Independent Qualification Commission and to dismiss from office the re-evaluation subject, Mr. Xhezair Zaganjori.
In his elements of the case, the subject of re-evaluation Mr. Xhezair Zaganjori rejected the grounds of the appeal, and claimed that the Pubic Commissioner presented new evidence, whereof, according to him, he is was not aware of and requested from the Appeal Chamber to administrate in quality of evidence 23(twenty-three) written acts.
The Adjudication Panel decided to held the next hearing session on July 10, 2019, at 9.30 a.m. for the examination of the deposited evidence, and also to provide time to the re-evaluation subject to identify the new elements, as presented by the Public Commissioner.
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