September 28, 2023
The Public Commissioner was present today at the Appeal Chamber as commenced the judicial review of the appeal filed against Decision no. 595/2022, issued by the Independent Qualification Commission, for the assessee, Mr. Arbër Çela, who holds the position of judge at Shkodër Judicial District Court.
Following the verification of the parties’ attendance at the hearing, the presiding judge invited the Public Commissioner to present the appeal grounds.
The Public Commissioner, upholding the appeal grounds and referring to the IMO’s Recommendation, presented circumstances and legal facts to be considered in the judgment, whereof determined that the assessee failed to prove the opposite of the evidence regarding the investigation results on the control of asset and proficiency assessment criteria.
Given the state of the facts and evidence presented during the administrative investigation and in line with the jurisprudence of the Appeal Chamber, the assessee does not achieve a trustable level for the confirmation in office. The Public Commissioner requested to the adjudication panel to amend the decision no. 595/ 2022, of the Independent Qualification Commission and the dismissal from office the assessee, Mr. Arbër Çela.
The assessee’s legal representative expressed objections related to the appeal grounds mainly related to the asset assessment criterion. Meanwhile, the assessee referred to new evidence to be administrated, which, according to him rebutted the claims related to his asset made in the appeal and, likewise, stated the objections over the appeal grounds related to the proficiency assessment criterion.
Taking into account the quantity of documents submitted by the assessee, the adjudication panel decided to adjourn the following hearing on October 4, 2023, at 13:00, in order to decide on the admission of evidence and the subsequent proceedings of this judicial review.
In accordance with Article 16, Point 1 of the Institution of Public Commissioners’ regulations, the appeal has been published on the official website of the institution, which can be accessed at 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. PDF
