May 10, 2024
The Public Commissioner was present today at the Appeal Chamber to continue the judicial review of the appeal filed against Decision no. 714/2023, of the Independent Qualification Commission, for the assessee, Mr. Besnik Maho, former judge at Pogradec Judicial District Court.
Upon verifying the attendance of the parties at the hearing, the presiding ascertained that the assessee was also not present in today’s hearing. After the reconfirmation of the Public Commissioner’s stance regarding the continuation of the case trial, the adjudication panel decided, with an interim decision, to consolidate the appeal of the Public Commissioner and that of the applicant, Mr. Besnik Maho, into a single case.
The Public Commissioner, adhering to the appeal grounds, stated that based on the analysis of the acts in the file, the results of the investigation, as well as the jurisprudence of the Appeal Chamber, Mr. Besnik Maho meets the conditions for undergoing the re-evaluation process. In conclusion, the Public Commissioner requested the panel to overturn decision no. 714/2023, of the Independent Qualification Commission, and to instruct this Commission to continue conducting the administrative procedures within the re-evaluation process, for the applicant, Mr. Besnik Maho, former judge.
The presiding judge read the submissions forwarded via electronic communication by the applicant, Mr. Besnik Maho, who sought the annulment of the decision no. 714/2023, of the Independent Qualification Commission and granting the right to undergo the re-evaluation process. The applicant Mr. Besnik Braho had attached to the submissions a package of documents, however, the adjudication panel decided not to administer them as they were part of the decision fascicle of the IQC, and some lacked the requisite legal form.
Subsequently, at the request of the presiding judge, the Public Commissioner expressed his stance on the final research presented during the appeal grounds and requested that the submissions presented in today’s hearing be considered by the panel as final arguments accordingly.
Under these conditions, the panel decided to close the judicial review of the case and withdrew to the consultation chamber to set the final decision, which will be announced on May 13, 2024, at 15:00.
Based on point 1, Article 16 of the regulation of the Institution of Public Commissioners, the appeal is published on the official website of this institution: 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.