Constitutional Court

KI142/17, Applicant: Mentor Jashari, Constitutional review of Decision AA. No. 34/ 2017 of the Supreme Court of 17 November 2017

KI142/17, Resolution on inadmissibility of 2 March 2018, published on 20 April 2018

Key words: individual referral, constitutional review of the decision of the Supreme Court of Kosovo, administrative procedure, manifestly ill-founded

The Referral is based on Article 113.7 of the Constitution, Article 47 of Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 29 of the Rules of Procedure of the Constitutional Court.

The Applicant alleges that, as a candidate of the political entity CI, he won the second highest number votes and, accordingly, he should be awarded the second mandate for the MA Skenderaj. However, the CEC allocated this mandate to a female candidate with fewer votes, based on a 30% quota rule.

The Court considers that the Supreme Court provided a reasoned response to all of the Applicant’s allegations; and the Applicant does not present facts and arguments indicating that the challenged decision deprived him of the enjoyment of his right to free elections, as provided by Article 45 [Freedom of Election and Participation] of the Constitution or Article 3 of Protocol 1 to the ECHR.

In conclusion, the Court considers that the Applicant has not substantiated his allegations on a violation of his constitutional rights under Article 45 of the Constitution in conjunction with Article 3 of Protocol 1 to the ECHR.

Therefore, the Court finds that the Applicants’ Referral is manifestly ill-founded on a constitutional basis and, in accordance with Rule 36 (1) (d) and (2) (b) of the Rules of Procedure, is inadmissible.