March 13, 2024
The Public Commissioner within the legal time limit filed an appeal at the Appeal Chamber by the Constitutional Court against Decision no. 736/2024, issued by the Independent Qualification Commission. This decision pertains to the assessee, Mr. Gentjan Habazaj, currently holding the position of Legal Advisor at the High Prosecutorial Council.
The Public Commissioner, after reviewing decision no. 736/2024, of the Independent Qualification Commission, finds that the assessee does not achieve a trustable level for the confirmation in office as he failed to prove the opposite of the burden of proof related to the control of the asset and proficiency assessment criteria.
The Public Commissioner requests that the appeal grounds be considered by the Appeal Chamber, and, upon the conclusion of the judicial review, to decide the amendment of decision no. 736/2024 of the Independent Qualification Commission and the dismissal from office of the assessee, Mr. Gentjan Habazaj.
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.