20 November 2018
The Public Commissioner within the legal time deadline, filed an appeal to the Appeal Chamber of the Constitutional Court, against the Decision No.63/2018, of the Independent Qualification Commission, for the re-evaluation subject Mr. Arben Dollapaj, Prosecutor, at the Prosecutor’s Office at the Court of Appeal, Shkodër.
In the assessment of the Public Commissioner, in this case, the investigation of the Independent Qualification Commission is not comprehensive. Consequently, the facts and evidence administered at the conclusion of 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, referring to point 1 of 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 point 3, of Article F of the Annex to the Constitution of the Republic of Albania, the Public Commissioner through this appeal requests from the Appeal Chamber that these deficiencies of the administrative investigation carried out by the Independent Qualification Commission could be remedied by the College during the public hearing of the case.
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.