24 September 2018
The Public Commissioner appealed to the Appeal Chamber the decision no. 43, dated 18.07.2018, of the Independent Qualification Commission, for the subject of re-evaluation Mrs. Nertina Kosova, magistrate/ judge at Serious Crimes Appeal Court, and a member candidate of the High Judicial Council.
In the assessment of the Public Commissioner, in this case, the investigation of the Independent Qualification Commission is incomplete. Consequently, the facts and evidences administered as conclusion during this administrative investigation are insufficient to support the decision of the Independent Qualification Commission for the confirmation in duty of the subject of re-evaluation, referred to point 1, article 59 of law no. 84/2016, “On the Transitional Re-evaluation of Judges and Prosecutors in the Republic of Albania “.
Based on the content of paragraph 3, Article F of the Annex of the Constitution in Republic of Albania, the Public Commissioner requests from the Appeal Chamber to adjust during the court hearing the observed deficiencies, referred to the Article F, paragraph 3, and 7 of the Annex of the Constitution.
Pursuant on point 1, Article 16 of the Regulation “On the activity of the Institution of Public Commissioners”, the appeal was 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 in 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.