September 26, 2024
Today, the Public Commissioner was present at the Appeal Chamber to initiate the judicial review of the appeal filed against Decision no. 757/2024, of the Independent Qualification Commission, pertaining to the assessee, Mr. Erjon Shqarri, serving as a prosecutor in the Prosecution Office of the First Instance Court of General Jurisdiction of Vlora.
After verifying the presence of the parties in the hearing, the presiding judge announced that the parties had submitted their submissions and objections, as well as they were informed of a recently filed complaint in the Chamber.
Subsequently, the Public Commissioner, adhering to all the appeal grounds, in reference to the IMO’s Recommendation, asserted that the assessee did not provide compelling explanations and failed to prove the opposite of the burden of proof concerning two criminal procedures, investigated in relation to the proficiency assessment. In conclusion, the Public Commissioner requested to amend decision no. 757/2024, of the Independent Commission and the suspension from duty of the assessee, Mr. Erjon Shqarri, for a period of one year, and the obligation to follow the training program, according to the curricula approved by the School of Magistrate.
During the objections, the assessee claimed that the appeal grounds were unfounded and requested the adjudication panel to uphold the decision for his confirmation in office.
Thereafter, the Public Commissioner and the assessee expressed themselves regarding the complaint. The Public Commissioner referred the investigation related to claims raised in the complaint to be determined by the panel. Whereas the assessee submitted two documents to inform the adjudication panel about the legal status of the case brought forward by the whistleblower.
The adjudication panel, after considering the positions of the parties and the documents submitted during the hearing, decided not to investigate the complaint further, since this case was still under review. The panel subsequently invited the parties to present their final arguments.
In this regard, the Public Commissioner and the assessee requested that the adjudication panel treat the submissions made during today’s hearing as their final statements.
The adjudication panel announced the conclusion of the case and withdrew to the deliberation room to render the final decision, which will be announced on October 3, 2024, at 15:00.
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. PDF
