November 14, 2023
The Public Commissioner within the legal time limit filed an appeal at the Appeal Chamber by the Constitutional Court against Decision no. 704/2023, issued by the Independent Qualification Commission. This decision pertains to the assessee, Mr. Elidon Hysenaj, who holds the position of prosecutor at the Prosecution Office of the First Instance Court of Durrës General Jurisdiction.
The Public Commissioner deems that considering the state of the acts, the assessment renders impossible whether in decision no. 704/2023 emerge sufficient elements to duly identify and evaluate the results of the administrative investigation that led the Commission to the confirmation in office of the assessee, and whether these results have issues affecting the integrity criterion of the assessee, which could lead to the violation of the public trust in the justice system.
Therefore, the Public Commissioner requests that the appeal grounds be considered by the Appeal Chamber, and upon the completion of the whole judicial review, alternately to decide the amendment or upholding of the decision no. 704/2023, of the Independent Qualification Commission for the assessee, Mr. Elidon Hysenaj.
In accordance with point 1 of Article 16 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.