June 28, 2024
The Public Commissioner was present today at the Appeal Chamber to continue the judicial review of the appeal filed against Decision no. 657/2023, of the Independent Qualification Commission, pertaining to the assessee, Mr. Periand Teta, who holds the position of the Legal Advisor in the High Court, currently serving as an Inspector by the High Justice Inspector.
After verifying the parties’ attendance in the hearing, the presiding judge invited them to present the final conclusions.
Adhering to the appeal grounds and the written submissions filed during the case review, the Public Commissioner assessed that the alternative request of the assessee concerning the annulment of IQC decision no. 657/2023 and the subsequent order of the latter for the continuation of the re-evaluation process was made in excess of the deadlines provided in Article 63 of Law no. 84/2016, thus ultimately extinguishing the assessee’s right to appeal this request and the right to access in the reviewing judicial jurisdiction of the Appeal Chamber. In conclusion, the Public Commissioner requested the amendment of IQC decision no. 657/2023, deciding the interruption of the re-evaluation process for the assessee, Mr. Periand Teta, and that he may no longer be appointed as a judge or prosecutor at any level, member of the High Judicial Council or the High Prosecutorial Council, High Justice Inspector, or Prosecutor General, for a duration of fifteen years.
The assessee claimed that the Public Commissioner had presented new appeal grounds and, adhering to the alternative request articulated in the previous hearing, requested that the adjudicating panel consider his non-exercise of the right to appeal against the IQC decision as a neutral circumstance rather than as his willingness to accept this decision.
After hearing the parties’ final arguments, the adjudication panel withdrew to the consultation chamber to render the final decision, which will announced on July 17, 2024, at 14:00.
Based on point 1, Article 16 of the regulation of the Institution of Public Commissioners, the appeal and the elements of the case are 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.