FLASH
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The College overturns the decision of the KPK for the Administrative Judge of Tirana Semiramis Hoxholli and reinstates him.
The College decided on Wednesday to overturn the Commission's decision-making with four votes in favor and one against for the dismissal of Judge Hoxholli, returning her to office. As a clause, it was found as a violation by the KPK, which should not have checked the judge at all, since she was newly appointed to the position and was not subject to the vetting control.
The decision considers unfounded the decision-making of the Independent Qualification Commission, which had previously dismissed from office the Administrative Judge of the First Instance of Tirana, Semiramis Hoxholli. The KPA declared in the late hours of Wednesday that the decision of the KPK was overturned and ordered to dismiss the case as being outside the jurisdiction of the KPK.
The KPA announced on Wednesday evening that the panel chaired by Albana Shtylla, with relator Mimoza Tasi and members Sokol Çomo, Ina Rama and Rezarta Schuetz, after examining Hoxholli's complaint in the counseling room, decided with four votes in favor and one against (majority of votes ) to disrupt the decision-making of the Commission and stop the trial of the case.
Semiramis Hoxholli completed her studies at the School of Magistracy in 2016. After a period as a trainee judge in the Court of Tirana, she was appointed to the Administrative Court of First Instance in Tirana, where she served until her dismissal from office.
With decision no. 452, dated 24.09.2021, the Commission, after coming to the conclusion that the subject of the reassessment, Mrs. Hoxholli, had reached a reliable level in the assessment of assets as well as qualifying in the assessment of professional skills, dismissed her for the control criterion of figure after it was concluded that she had made an insufficient declaration in relation to this criterion. The Commission found that she had not declared her brother's conviction for the criminal offense of "narcotics trafficking". Judge Semiramis Hoxholli's claims of ignorance about her brother's sentence in Greece as a runaway from Albania when she was only 13 years old, as well as the criminal fact of his sentence that happened almost two years before she even became part of the Magistrate's School, are not were considered convincing and consistent with the evidence by the Commission. Consequently, he ruled her dismissal for failing to declare her brother improper contact.
Anila Hoxha reports for Top Channel that in the appeal addressed to the KPA against the Commission's decision, Hoxholli raised two reasons: first, not to be considered subject to the vetting law no. 84/2016, the termination of the revaluation process initiated against her as a process that it could not start, and since it has started, it cannot continue, since it was not subject to re-evaluation at the time it was appointed by the KLD and, secondly, in case of consideration of the case on the merits by the College, it requested the change of the decision of the KPK and the confirmation in office.
The panel considered the grounds of appeal raised by Hoxholli to be well-founded, finding that "The appellant has acquired the status of a magistrate with her appointment as a judge by Decision No. 3, dated 20.01.2017 of the High Council of Justice, and has been appointed in office with Decision no. 13, dated 10.02.2017 of the High Council of Justice. Referring to the constitutional amendments approved by law no. 76/2016 "On some additions and amendments to law no. 8417, dated 21.10.1998 "Constitution of the Republic of Albania", which entered into force on 10.08.2016 and law no. .84/2016, which entered into force on 08.10.2016, the College assessed that the complainant had acquired the status of a magistrate after the entry into force of Article 179/b, point 3 of the Constitution and Article 3 point 16 of Law no. 84.2016. Consequently, the College assessed that the complainant did not belong to the circle of subjects determined by these provisions and that should be subject to ex officio transitory reassessment by the reassessment bodies.
Based on Article 179/b of the Constitution, which determines that the subjects of reassessment are all judges and prosecutors of the Republic of Albania, as well as in the interpretation of Article 136/a, point 1 of the Constitution, and Article 160 point 2 letter "a" and "b" of law no. 96/2016 "On the status of judges and prosecutors in RS", as amended, the College assessed that the complainant should be subject to the regime defined by this law, in implementation of the control of the general jurisdiction of already exercised by the High Council of Justice and not to be subjected to the special control of the revaluation by the vetting bodies.
In support of the above conclusions, the College appreciated that the Commission acted in excess of its re-evaluation jurisdiction, when it subjected the complainant to the re-evaluation process. Under these conditions, the decision of the Commission, given in the absence of its jurisdiction and without having, as a result, even the subject matter competence to decide on the control of the complainant, is a decision taken in excess of the law and, as such, should be annulled.
The treatment of other claims of the subject, related to the regular process and the criterion of image control, were considered by the College to be irrelevant and unnecessary for treatment, given that the Commission's decision was deemed to be overturned due to the lack of jurisdiction of the body to carry out the reassessment of the complainant. With not being subject to re-evaluation in the sense of the law, the dismissal decision is therefore null and considered as if it had never been taken, paving the way for the subject to return to the position he had, as a Judge at the Administrative Court of the First Instance of Tirana. As a decision taken in excess of its substantive competence due to the jurisdiction to handle the case, the College finally assessed that decision no. No. 452, dated 24.09.2021 of the KPK should be annulled and the case dismissed. / Top Channel
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