Decision

Constitutional review of Decision CMl. No. 10/2017 of the Supreme Court of Kosovo of 6 December 2017

Case No. KI 29/18

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Summary

KI29/18, Appplicants are: Ajshe Bytyqi, Esat Bytyqi and Tagjidin Bytyqi, constitutional review of Decision CMl. No. 10/2017 of the Supreme Court of Kosovo of 6 December 2017.

KI29/18, Decision to reject the referral of 23 May 2018, published on 19 June 2018.

Keywords: individual referral, summarily reject, mortgage, enforcement procedure.

The Applicants, according to their allegations, claimed that the challenged Decision of the Supreme Court violated their rights guaranteed by Articles 5 [Languages], 24 [Equality Before the Law] and 31 [Right to a Fair and Impartial Trial] of the Constitution.

In addition, the Applicants allege that the regular courts have erroneously determined the factual situation as follows: that the right of the mortgage was misused; that they approved the loan to other users, and that the mortgage was established for the Applicants; that the loan due to which the mortgage was established has been almost returned; that the Applicants filed a criminal report against the bank; etc.

The Court notified the Applicants about the registration of the referral and requested them to complete the referral form of the Constitutional Court of Kosovo, clarify the referral and submit the other necessary supporting documents.

The Applicants did not respond to the Court’s request to submit additional documents, did not complete the referral form of the Constitutional Court, failed to submit Decision CP. No. 1357/2015 of the Basic Court in Prizren and Decision AC No. 213/16 of the Court of Appeals.

Therefore, the Court notes that the Applicants, in addition to their general and abstract referral, i) did not submit the completed referral form of the Constitutional Court of Kosovo; ii) did not submit Decision CP. No. 1357/2015 of the Basic Court in Prizren which annulment was requested; iii) did not submit Decision AC No. 213/16 of the Court of Appeals which annulment was requested; iv) did not clarify their referral; and c) did not provide supporting documents which were mentioned in their referral (criminal report, decision on mortgage, etc.), by which they would prove their allegations.

In sum, the Court concludes that the Referral does not meet the procedural requirements for further consideration provided by Rule 29 of the Rules of Procedure. Given that the Applicants did not complete the referral form and did not provide the necessary reasoning of the referral, the referral is to be summarily rejected, in accordance with Rule 32 (5) of the Rules of Procedure.

Applicant:

Ajshe Bytyqi, Esat Bytyqi dhe Tagjidin Bytyqi

Type of Referral:

KI – Individual Referral

Type of act:

Decision

Decision to reject the referral

Type of procedure followed before other institutions :

Civil