Constitutional Court

KI142/18, Applicant: Luan Ibrahimi, constitutional review of Judgment PML. No. 181/2018 of the Supreme Court of 23 August 2018

KI142/18, Resolution on inadmissibility of 27 November 2018, published on 26.12.2018

Keywords: individual referral, constitutional review of the Judgment of Supreme Court of Kosovo, manifestly ill-founded

The Applicant filed a Referral based on Article 113.7 of the Constitution, Articles 27 and 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 of the Republic of Kosovo.

On 26 February 2018, the Basic Court in Ferizaj by Judgment [P. No. 352/17] found the Applicant guilty of a criminal offense and sentenced him to imprisonment, which in accordance with the CCK, was replaced by a fine.

On 28 May 2018, the Court of Appeals by Judgment [PA1. No. 499/2018] rejected the Applicant’s appeal as ungrounded, and upheld the Judgment of the Basic Court.

The Applicant filed a request for protection of legality with the Supreme Court against the Judgment of the Court of Appeals and of the Basic Court.

On 23 August 2018, the Supreme Court, by Judgment [Pml. No. 181/2018], rejected as ungrounded the Applicant’s request for protection of legality.

In his Referral submitted to the Court, the Applicant did not clearly state what rights and freedoms he claims to have been violated by the act of the public authority which he challenges before the Court, namely the decision of the Supreme Court. In addition, the Applicant does not state accurately the facts and allegations of violation of the constitutional rights.

Therefore, in the circumstances of this case, the Applicant’s Referral is in accordance with the requirements established in paragraphs 1 and 7 of Article 113 of the Constitution and Articles 47 and 49 of the Law. However, the Applicant’s Referral does not meet the admissibility requirements as foreseen by Article 48 of the Law and item (d) of paragraph (1) of Rule 39 of the Rules of Procedure.

Accordingly, the Court declared the Applicant’s Referral inadmissible because it does not meet the admissibility requirements as foreseen by Article 48 of the Law and item (d) of paragraph (1) of Rule 39 of the Rules of Procedure.