30 March 2021
The Public Commissioner was present today at the Appeal Chamber while initiated the judicial review of the appeal filed against the Decision no. 231/2020, of the Independent Qualification Commission, for the subject of re-evaluation, Mr. Anton Martini, commanded prosecutor at the Prosecution Office of the First Instance Court, Tiranë.
After verifying the presence of the parties, upon receipt of the question from the presiding judge, the legal representative of the subject of the re-evaluation initially requested the adjudication panel to express related to the request submitted with the object of refusing the appeal of the Public Commissioner, as submitted beyond the legal time limits.
Subsequently being informed of the position of the Public Commissioner, who stated that the claims of the subject of the re-evaluation regarding the time limits of the appeal, being part of the counter-appeal, should have been reviewed in terms of objections of the appeal grounds submitted, the panel retire in the deliberation room. Once they return to the hearing, the panel communicated the intermediate decision in refusing the request of the subject of the re-evaluation and its approach as part of the objections of the appeal filed by the Public Commissioner.
Following the trial, the Public Commissioner, standing to all the appeal grounds, provided the relevant legal and probative arguments, requesting in the end, the amendment of the decision of the Independent Qualification Commission and the dismissal from office of the subject of re-evaluation, Mr. Anton Martini.
The legal representative of the subject of the re-evaluation thereafter stated the claims regarding the observance of the time limits for filing the appeal and the objections of the appeal.
Following the hearing session, the subject of the re-evaluation indicated the allegations raised by the public denunciations regarding the background and proficiency assessment criteria while presented additional acts before the adjudication panel, also requested their administration.
At the end of the hearing, the adjudication panel enabled to the parties several new public denunciations of the subject of the re-evaluation, lodged by the Appeal Chamber and in order to provide enough time to the parties to become acquainted with these acts, decided to adjourn the hearing on April 1, 2021, at 14:00 p.m.
Pursuant to point 1, Article 16 of the Regulation “On the Activity of the Institution of Public Commissioners”, the appeal and elements of case are 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”.
Public Commissioners represent the public interest during the transitional re-evaluation process of judges and prosecutors in the Republic of Albania. PDF
