The End / Commissioner ‘not convinced’, complains decision on SPAK’s candidate

The Public Commissioner, within the legal deadline, has appealed to the Special Appeals Panel before the Constitutional Court against Decision no. 162, dated 19.6.2019, of the Independent Qualification Commission, on the subject of reassessment Manjola Kajana, Prosecutor at the Prosecution Office of the Serious Crimes Court, Tirana.

In the evaluation of the Public Commissioner, in the present case, the investigation of the Independent Qualification Commission is incomplete. Consequently, the facts and evidence administered at the conclusion of this administrative inquiry are insufficient to support the decision of the Independent Qualification Commission to affirmatively affirm the subject of reassessment, referred to in point 1, section 59, of law no. 84/2016, “On the Provisional Reassessment of Judges and Prosecutors in the Republic of Albania”.

Pursuant to the content of Article 3 (3) of the Annex to the Constitution of the Republic of Albania, the Public Commissioner, through this complaint, requests the Special Appeals Panel to address these deficiencies of the administrative investigation conducted by the Independent Qualification Commission, may be remedied by the College during the examination of the case in court.

Pursuant to point 1, article 16, of the regulation of the Institution of Public Commissioners, the complaint is published on the official website of this institution: http://ikp.al/ankime/

The Institution of Public Commissioners is set up and operates pursuant to Article 179 / b and the Annex to the Constitution of the Republic of Albania, and Law no. 84/2016, “On the Provisional Reassessment of Judges and Prosecutors in the Republic of Albania”.

Public Commissioners represent the public interest during the transitional reassessment process of judges and prosecutors in the Republic of Albania.