18 September 2019
The Public Commissioner, within the time limit, filed an appeal to the Appeal Chamber by the Constitutional Court, against the Decision no. 169/2019, of the Independent Qualification Commission, for the subject of re-evaluation Mrs. Regleta Panajoti, judge in the District Court of Tirana.
According to the provisions of Article 179/b/5, of the Constitution, the Annex of the Constitution and pursuant to the jurisprudence of the Appeal Chamber, the Public Commissioner expresses dissenting opinion of the Commission assessing that, in the present case, based on the state of the facts and evidences administrated during the administrative investigation, the subject of re-evaluation does not achieve trustable level to the confirmation in duty.
Also underline the fact that the Public Commissioner is entitled to exercise control over the decisions issued by the Commission, in order to guarantee the protection of the public interest in the re-evaluation process, based on the requirements of the Articles Ç, D, Dh, E and F of the Annex of the Constitution , Article 4 and Article 61, paragraphs 3 and 5, of law no. 84/2016, requires that the grounds of this appeal could be examined by the College, and pursuant to Article 66 of law no. 84/2016, shall decide to:
- Modify the decision no. 169/2019, of the Independent Qualification Commission, and dismissal from office the subject of re-evaluation, Mrs. Regleta Panajoti.
Pursuant to point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal is published on the official website of this institution: http://ikp.al/ankime/
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”.
The Public Commissioners represent the public interest during the transitional re-evaluation process of judges and prosecutors in the Republic of Albania.