January 15, 2024
The Public Commissioner was present today at the Appeal Chamber to continue the judicial review of the appeal filed against Decision no 671/2023, of the Independent Qualification Commission. This decision pertains to the assessee, Mr. Ylli Bashaj, who holds the position of prosecutor in the Prosecution Office of the First Instance Court of Tirana General Jurisdiction.
After the verification of attendance at the hearing, the presiding judge requested the parties to present their submissions related to the appeal, and also the Findings and Opinions of the International Observers, recently filed in the Appeal Chamber.
The Public Commissioner, stood to all the appeal grounds, also in consideration of the IMO’s Recommendation, stated that it is indispensable for the Chamber to re-evaluate the items of the financial analysis related to the real value of the purchase of property and legal sources declared by the assessee as a source of the creation of this asset, particularly the loans from other related persons. At the end of the submissions, the Public Commissioner requested the Appeal Chamber either to amend or uphold the decision no. 671/2023, of the Independent Qualification Commission, for the assessee, Mr. Ylli Bashaj.
In reference to the Findings and Opinions of the international observers, the Public Commissioner has expressed her intention to present her stance on this matter during the final conclusions.
In the meantime, the assessee has asserted that the Findings and Opinions of the international observers at this stage of the judicial review exceeded the appeal grounds, thus requesting the panel to refuse its administration.
Subsequently, the assessee objected the appeal grounds and asked the adjudication panel to uphold the Independent Qualification Commission’s decision concerning his confirmation in office.
On the spot consultation, the adjudication panel decided to admit the documents in the quality of evidence, explicitly the Findings and Opinions, filed by IMO in the Appeal Chamber and asked the Public Commissioner to provide her opinion related to this act during the ongoing stage of the judicial review.
Following the Public Commissioner’s request for reasonable time to prepare the stance regarding the aforementioned act, the adjudication panel decided to adjourn the hearing on January 19, 2024, at 10:00 .am.
Based on point 1 of Article 16 of the Institution of Public Commissioners’ regulations, the appeal and the 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 process of re-evaluation of judges and prosecutors in the Republic of Albania. PDF
