25 October 2019

The Public Commissioner, within the time limit, filed an appeal to the Appeal Chamber by the Constitutional Court, against the Decision no. 187/2019, of the Independent Qualification Commission, for the subject of re-evaluation Mr. Elvin Gokaj, prosecutor/ Head of the Appeal Prosecution Office, Shkodër.

The Public Commissioner, assesses that, in referring to the state of the facts and evidence in the present case, it appears that the subject of re-evaluation is in deficiencies and inconsistencies of the requirements set forth in the Annex of the Constitution and in the special legislation, due to the criteria of the re-evaluation process.

Under these circumstances, the Public Commissioner, based on the requirements of Article Ç, D, DH, and F of the Annex of the Constitution, Articles 4 and 61, paragraphs 3 and 5, of law no. 84/2016, requests from the Appeal Chamber to take into consideration the grounds of the appeal, and at the end of the examination of the case, to decide the dismissal from office of the subject of re-evaluation, Mr. Elvin Gokaj.

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 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”.

The Public Commissioners represent the public interest during the transitional re-evaluation process of judges and prosecutors in the Republic of Albania.

 

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