Constitutional Court

KI121/18, Applicant: Gëzim Murati, Constitutional review of unspecified decisions or acts of public authorities

KI121/18, Decision to reject the Referral of 22 November 2018, published on 19 December 2018

Keywords: Individual referral, incomplete referral, decision on rejection

The Applicant filed a Referral with the Constitutional Court, alleging that various public authorities violated his rights guaranteed by Articles 23 [Human Dignity], 25 [Right to Life], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 44 [Freedom of Association], 49 [Right to Work and Exercise Profession], 51 [Health and Social Protection] and 120 [Public Finances] of the Constitution of the Republic of Kosovo.

Taking into account the fact that the Applicant in his Referral did not specify the act of the public authority which he challenges, the Court requested him to clarify the decision of which public authority he was challenging before the Court, and to attach the relevant documents.

Although the Applicant specified the constitutional rights which allegedly have been violated by the public authorities and submitted some documents, he did not submit and did not specify any act or decision of public authorities which constitutionality would be subject to constitutional review by the Court, as requested by the Court.

In conclusion, the Court considered that the Applicant’s Referral does not meet the procedural requirements for further review due to its incompletion with the supporting documentation, as required by Articles 48 and 22.4 of the Law on the Constitutional Court and Rule 32 (2) (h) and 35 (5) of the Rules of Procedure of the Court, and therefore decided that the Referral should be summarily rejected.