10 July 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, as verified the presence of the parties in the session, occurred in the absentia of the subject of re-evaluation, announced that the decision no. 239, has been deposited by the Appeal Chamber on 7.7.2020 of the High Judicial Council related to the declaration upon the termination of the status of magistrate judge position in the District Court of Tirana, Mrs. Regleta Panajoti , as well as the request of the subject of re-evaluation addressed to the Appeal Chamber, on 8.7.2020, related to the declaration of termination of the transitional re-evaluation process.
The presiding judge, with regard to what was presented above, requested to be acquainted with the position of the Public Commissioner over the trial proceed.
The Public Commissioner confirmed his official acquaintance with the aforementioned acts and referring to their state, expressed that the decision no. 239, dated 7.7.2020 of the High Judicial Council may still be appealed based on Article 192 of Law no. 115/2016 “On the governing bodies of the justice system”. The Public Commissioner deems inappropriate to conclude with a final decision also due to the fact that the subject of re-evaluation, in her request, does not express her willingness to accept the consequence of termination of the transitional re-evaluation process, according to Article G, of the Annex of the Constitution.
The adjudication panel, after becoming aware of the Public Commissioner’s viewpoint, with an intermediate decision, decided to request from the High Judicial Council information whether it was communicated to the subject of re-evaluation, Mrs. Regleta Panajoti, the decision no. 239, dated 07.07.2020, and moreover how was communicated to her. Based on the above information, the Appeal Chamber will require from the Administrative Court of Appeal, to be informed whether an appeal has been filed by the subject of re-evaluation against the decision of the HJC, no. 239, dated 7.7.2020.
Meanwhile, the Appeal Chamber decided to notify the subject of the re-evaluation, Mrs. Regleta Panajoti, and to invite her in being heard in person concerning the above issues, in the next hearing session scheduled to be held on July 30, 2020, at 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 and 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.