June 30, 2023
The Public Commissioner within the legal time limit filed an appeal at the Appeal Chamber by the Constitutional Court against Decision no. 675/2023, of the Independent Qualification Commission, for the assessee, Mr. Alfred Balla, former legal advisor at the High Court, currently Chairman of the High Prosecutorial Council.
The Public Commissioner finds that the decision no. 675/2023, of the Independent Qualification Commission, does not find support in the legislation that regulates the re-evaluation process, reasoning that the continuity of this process for the assessee, Mr. Alfred Balla was an indisputable precondition in the sense of the constitutional provisions, because the assessee exercises his duty in one of the highest constitutional bodies, where the cessation re-evaluation process is foreseen as a legal obstacle to his appointment for a duration of 15- years.
The Public Commissioner requests that the appeal grounds be reviewed by the Appeal Chamber and, at the end of the investigation of the case, to decide the amendment of decision no. 675/2023, of the Independent Qualification Commission, and the cessation of the re-evaluation process for the assessee Mr. Alfred Balla, and that he may no longer be appointed as a judge or prosecutor at any level, as a member of the High Judicial Council, High Prosecutorial Council High, High Justice Inspector, or Prosecutor General, for a duration of 15 years.
Pursuant to point 1, Article 16 of the regulation 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 process of re-evaluation of judges and prosecutors in the Republic of Albania.