Decision

Mimoza Kusari – Lila vs. the Central Election Commission

Case No. KI 73/09

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Summary

The applicant filed a referral whereby she requests the assessment of constitutionality and legality of the Central Election Commission (CEC) Decision which according to her certified the election results without waiting for the outcome of all appeals that were filed before the Supreme Court by her political entity, following the rejection thereof by the Election Complaints and Appeals Commission (ECAC), She claimed that by taking such a decision, the CEC violated her freedom of election and participation as well as judicial protection of rights, At the same time, the applicant had requested for imposition of the interim measure whereby she requested for annulment of election results in the municipality of Gjakova in the polling stations where the election process was violated, while the Constitutional Court rejected such a request through a previous Resolution, The Constitutional Court decided to reject applicant’s referral as inadmissible because the applicant through this procedure seeks the protection of her individual rights, for which she needs to exhaust all legal remedies which was not the case here, The court recalls that Article 119 of the Law on General Elections allows every person with legal interest in an issue under the jurisdiction of ECAC to file an appeal, while these remedies were used by the political entity of the applicant which filed an appeal to ECAC and the Supreme Court, rather than individual referral as it was the case with her at the Constitutional Court, Consequently, based on the above, the Court decided to announce the referral of the applicant as inadmissible due to non-exhaustion of legal remedies

Applicant:

Mimoza Kusari-Lila

Type of Referral:

KI – Individual Referral

Type of act:

Decision

Array

Type of procedure followed before other institutions :

administrative