Constitutional Court

KI89/18, Applicant: Agim Jashari, Constitutional review of unspecified decisions or acts of public authorities

KI89/18, Decision to reject the Referral of 27 November 2018, published on 16 January 2019

Keywords: Individual referral, incomplete referral, decision on rejection

The Applicant did not challenge any specific act of a public authority and did not accurately clarify what rights and fundamental freedoms guaranteed by the Constitution have allegedly been violated by any act of a public authority. He addressed the Court with an indictment against Kosovo Intelligence Agency and Kosovo Police, claiming that he was constantly threatened with death by the officials of the abovementioned institutions.

Taking into account the fact that the Applicant’s Referral was not complete, the Court requested the Applicant to complete his Referral by: a) specifying the acts of public authorities challenged by him; b) accurately clarifying his allegations of violation of the rights guaranteed by the Constitution; and c) submitting the copies of documents and other information supporting his allegations. The Applicant did not respond to the request o f the Court.

Therefore, the Court considered that the Applicant’s Referral does not meet the procedural requirements for further consideration, because it was incomplete with 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.