July 25, 2024
Today, the Public Commissioner was present at the Appeal Chamber to continue the judicial review of the appeal filed against Decision no. 352/2021, issued by the Independent Qualification Commission. This decision pertains to the assessee, Mrs. Iliba Bezati, serving as a judge at Vlora Court of Appeals.
While verifying the parties’ presence, the presiding judge informed that the assessee had sent the final discussion submissions and a summary with other arguments via email, which would also be provided to the Public Commissioner.
During the presentation of the final discussions at the hearing, the Public Commissioner referred to the standards established by the existing jurisprudence of the Chamber and requested that the income for which the tax obligation was paid by the related person after the enactment of Law 84/2016, should not be included among the legitimate sources. He also adhered to the findings of negative differences in the financial analysis items found over the years for covering expenses and creating savings. Concerning the appeal grounds related to the proficiency assessment, the Public Commissioner deemed that it should be evaluated by the Appeal Chamber along with the other findings of the appeal grounds, as per Article 4, paragraph 2 of Law No. 84/2016. In conclusion, the Public Commissioner requested the adjudication panel to amend Decision no. 352/2021, of the Independent Qualification Commission and to dismiss from office the assessee, Mrs. Iliba Bezati.
The assessee sustained the submissions made during the judicial review, stating that the tax income obligation of the related person was not her responsibility. She further claimed that even in terms of the proficiency assessment, she achieved a qualifying level for confirmation in office.
After hearing the parties’ final discussions, the adjudication panel retired to the hearing chamber to reach the final decision, which it will announce on July 30, 2024, at 10:00.
In accordance with Article 16, Point 1 of the Institution of Public Commissioners’ regulations, the appeal and elements of the case are 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.