24 July 2020
The Public Commissioner within the legal time limit filed an appeal at the Appeal Chamber, by the Constitutional Court against the Decision no. 257/2020, of the Independent Qualification Commission, for the subject of re-evaluation, Mrs. Miranda Andoni, judge, at the Court of Appeal, Gjirokastër.
The Public Commissioner, as reviewed the decision no. 257/2020, considers that the conclusions reached by the Independent Qualification Commission related to the confirmation in duty of the subject of re-evaluation, Mrs. Miranda Andoni, do not sustain the evidence and the enforcement of the law, and are not based on a comprehensive, thorough and exhaustive investigation.
Taking into consideration that this decision which is subject to appeal, reveals the deficiencies in the administrative investigation, showing that the indicia arising from the administered acts are sufficient legal grounds to be submitted for review to the relevant controlling and re-evaluation jurisdiction, of the Appeal Chamber.
In these circumstances, the Public Commissioner deems necessary to request to the Appeal Chamber to reopen the judicial investigation for all the three re-evaluation criteria, as it turns out that the Commission’s investigation has not been exhaustive in terms of the indicia’s derived from institutions.
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”.
Public Commissioners represent the public interest during the transitional process of re-evaluation of judges and prosecutors in the Republic of Albania.