25 June 2020
The Public Commissioner was present today at the Appeal Chamber, while continued the judicial review of the appeal 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.
The presiding judge, verified the presence of the parties and announced the composition of the adjudication panel, in the absence of the subject of re-evaluation, announced that the latter, through electronic communication, on 24.6.2020, initially recognized the adjudication panel with the fact that at the same day she presented her resignation from the assignment of judge, and by a second communication with the panel requested the adjournment of the public hearing.
With respect to what was submitted above, the presiding judge requested to be acquainted with the position of the Public Commissioner over the trial proceed.
The Public Commissioner, as confirmed his acquaintance with the requests of the subject of re-evaluation, being notified on the same date on 24.6.2020, with the relevant document of the Appeal Chamber, requested to the adjudication panel for the trial proceed, referring to Article 179/3 of the Civil Procedure Code and the jurisprudence of the Appeal Chamber. The Public Commissioner stated that referring to these legal and factual circumstances, the adjournment of the hearing session shall occur solely for verifying the willingness of the subject of re-evaluation for resignation, according to Article G of the Annex of the Constitution.
The adjudication panel withdrew to take a decision and in their return to the session, with an intermediate decision, decided to request information from the High Judicial Council to confirm the submission of the request by the subject of re-evaluation, Mrs. Regleta Panajoti, due to her resignation from the status of magistrate, likewise to be requested by the High Judicial Council, whether the request for resignation is accompanied by a reasoning request for acceleration of the effects of her resignation, within the meaning of Article 65, paragraph 3, of Law No. 96/2016, “On the status of judges and prosecutors in the Republic of Albania”. At the same time, the adjudication panel will invite the subject of re-evaluation with the opportunity of being heard in person by the Appeal Chamber in a public hearing, regarding her willingness to proceed with the re-evaluation process, in conditions when the Public Commissioner requests the trial proceed, and for this purpose is decided on the cessation of the trial, in order to proceed on July 10, 2020, 10:00 a.m.
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. PDF
