25 February 2020
The Public Commissioner within the legal time limit, filed an appeal at the Appeal Chamber by the Constitutional Court, against the Decision no.221/2019, of the Independent Qualification Commission, for the subject of re-evaluation Mrs. Anita Jella, prosecutor /Head of the Prosecution Office in the First Instance Court, Durrës.
According to the provisions of Article 179/b, point 5, of the Constitution and its Annex, we consider that, unlike the disposes of the Independent Qualification Commission to the three assessment criteria, referring to the state of the facts and the evidence, in the present case and to the applicable law, the Public Commissioner expresses an opposing opinion, considering that the subject of re-evaluation does not achieve a trustable level for the confirmation in duty.
The Public Commissioner, having assessed fair and also expressing the same viewpoint with the IMO recommendations, the finding and the opinion of the international observer, requests from the Appeal Chamber to enable this appeal to be considered with priority in time, and pursuant to Article 66, paragraph 1, letter “b” of Law no. 84/2016, at the end of the examination of the case in the public hearing, decide to modify the decision no.221/2019, of the Independent Qualification Commission, and to dismiss from office the subject of re-evaluation Mrs. Anita Jella.
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/appeals
The Institution of Public Commissioners has been established and operates under Article 179/b of 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.