FLASH
Shkruar nga Pamfleti
The Special Appeals Chamber, KPA, announced on Monday, October 13, the decision to reinstate Tirana judge Blerina Muço, who was dismissed by the Independent Qualification Commission on November 1, 2023, for problems with the asset criterion and the overall assessment.
The subject filed an appeal with the College, where after reviewing the reasons raised in the consultation room, it was decided to continue the trial of this case in a public court session, with the aim of accurately and completely ascertaining the factual situation regarding the payment of tax obligations for the spouse's income from a cooperation agreement with a company for the provision of legal consultancy.
Muço submitted that the husband had not been aware of the non-payment of tax obligations by the company. According to her, the agreement had stipulated that the tax obligations had to be paid by the employer and for this reason the husband had been in conditions of complete trust. She underlined that it was proven by documentation that the husband had benefited on time the amount of 73 thousand euros, and that this was consistent with the declarations over the years. The subject also contested the other findings of the Commission and requested confirmation in the duties.
Regarding the husband's income, the Panel finds that the subject has regularly declared their value and benefit in years and in the vetting declaration, which coincide with the period declared by the company. It was also noted that Muço has also submitted the cooperation agreement, which stipulates that the repayment of income obligations will be carried out on time by the company.
The verification of the bank account revealed that the company in question had credited the amount of 73 thousand euros during the period 2005-2010. Also, through a court decision of 2024, which was left in force that same year, the company's obligation to pay the obligation on the spouse's income in the amount of 73 thousand euros was recognized, and the execution of this obligation was confirmed.
The Panel of the College considers that during the legal examination, the subject convincingly proved the creation of these revenues, both with documents and through real-time declarations. The KPA argues that, as long as these revenues have been declared regularly and are proven to come from a legal source, as well as from the fact that the company had the obligation to pay tax liabilities, they pass the test and should be included in legal revenues.
Consequently, unlike the Commission, it was concluded that Judge Muço is not in the conditions of making an incorrect statement.
The remaining financial inability in the amount of 954 thousand lek, distributed over several years, was assessed by the College based on the principle of objectivity and proportionality, and it was concluded that it cannot result in a penalty for the subject.
The Panel also considered the findings in the professional criteria related to exceeding the time limit in trials, as well as those of conflict of interest with two companies that were parties to the cases reviewed by her, insufficient to undermine the credibility of Judge Muço.
Regarding the findings of the KPK regarding the non-compliance with the unifying practice of the Supreme Court, Koelgji noted that there is only one case, but that it cannot result in a penalty. Regarding the issues related to the company with which the husband had concluded a cooperation agreement, it was found that they were handled by the subject several years after the cooperation had been concluded.
In conclusion, the College considers that the conclusions of the KPC regarding the assets, professionalism and findings in the comprehensive assessment are not the result of an assessment based on acts and the law. Consequently, it was decided to change the KPC decision and confirm Judge Blerina Muço in office. / BIRN
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