October 6, 2023
The Public Commissioner was present today at the Appeal Chamber as continued the judicial review of the appeal filed against Decision no. 318/2020, issued by the Independent Qualification Commission, for the assessee, Mr. Kujtim Luli, who holds the position of prosecutor at the General Prosecution Office.
After verifying the parties’ attendance in the hearing, the presiding judge informed that, on October 5, 2023, the High Prosecutorial Council had forwarded to the Chamber the decision no. 314, dated 5.10.2023 on the “Declaration of termination of the status of the magistrate for the assessee, Mr. Kujtim Luli”, and that on the same day the assessee, Mr. Kujtim Luli had filed the request for the cessation of the re-evaluation process because he no longer enjoyed the status of the magistrate.
The presiding judge also informed that on October 3, 2023, the Appeal Chamber, in the presence of an international observer, had made a decision on the re-evaluation process for Kujtim Luli, and was designated to be announced today. Under these circumstances, the adjudication panel deemed the above correspondences unacceptable due to their submission without any time limit procedure. Additionally, the panel considered the decision nr. 314, dated October 5, 2023, by the High Prosecutorial Council, to be in violation with the law no. 115/2016 “On the Governing Institutions of the Justice System”.
Afterward, the adjudication panel, after completing the judicial review, with a majority of votes decided:
The amendment of decision no. 318/2020, of the Independent Qualification Commission, and the dismissal from office of the assessee, Mr. Kujtim Luli.
This decision is final and effective immediately.
The decision was announced today in Tirana, October 6, 2023.
In accordance with Article 16, Point 1 of the Institution of Public Commissioners’ regulations, the appeal and elements of the case have 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 re-evaluation process of judges and prosecutors in the Republic of Albania. PDF
