January 19, 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 the parties’ attendance at the hearing, the Public Commissioner presented the stance related to the Findings and Opinions of the international observers recently filed in the Appeal Chamber.
The Public Commissioner, concerning the content of the Findings concerning the principle of Proportionality and its connection with the financial analysis, assessed the intent of the international observer to bring to the Chamber’s attention and emphasize diverse practices revealing minimal negative margin, that resulted in the dismissal from office of the assessee, as per the stipulations of Article 61, point 3 of Law No. 84/2016 (as reflected in final decisions).
In reference to the content of the Opinions on the asset assessment, the Public Commissioner in terms of the tasks assigned by the Appeal Chamber, deems that the international observer at this point of the Opinions, has plainly defined the specific factual circumstances, sustained the conclusion regarding the purchase price of the apartment set at 36,000$, and has also appraised that this situation aligns accurately in the Public Commissioner’s appeal.
Following the parties not referring to other procedural requests, the adjudication panel, on the spot consultation, decided to close the judicial review of the case and adjourned the upcoming hearing on December 26, 2024, at 12:00 a.m., to present the final arguments.
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.