Constitutional Court

KI196/18 Applicant: Dardan Bunjaku, constitutional review of the Criminal Code of the Republic of Kosovo No. 04/L-082

KI196/18, resolution on inadmissibility of 3 April 2019, published on 23 April 2019

Keywords: individual referral, constitutional review of the challenged law, unauthorized party

The Referral is based on Article 113.7 of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 32 of the Rules of Procedure of the Constitutional Court.

On 20 April 2012, the Assembly of Kosovo adopted the Criminal Code of the Republic of Kosovo No. 04/L-082, which entered into force on 1 January 2013.

The Applicant challenged the constitutionality of a certain number of articles and chapters of this law.

The Court notes that the Applicant as an individual is excluded from the exhaustive list of authorized parties entitled in accordance with the Constitution to submit to the Court the issue of the compatibility of laws with the Constitution, including the challenged law.

Therefore, the Court considers, on constitutional basis, that the Referral is inadmissible because the Applicant is not an authorized party who can initiate the constitutional review in abstracto regarding the constitutional review of the law.