Constitutional Court

KI134/18, Applicant: Bajram Santuri, Constitutional review of Decision P. No. 375/2013 of the Court of Appeals, of 5 June 2013, Decision C. No. 47/2000 of the Municipal Court in Prizren of 25 September 2012 and Judgment Rev. No. 46/2005 of the Supreme Court of 28 December 2006

 KI134/18, Decision to reject the Referral, of 16 January2019, published on 14 February 2019

Keywords: individual referral, repetition of previous referrals decided by the Court, unclear and incomplete referral

The Applicant in the referral forms specified that he challenges: (i) Judgment Rev. No. 46/2005 of the Supreme Court of 28 December 2006 and Decision C. No. 47/2000 of the Municipal Court in Prizren of 25 September 2012, which he challenged also in his previous referrals before the Court, namely referrals  KI65/14 and KI63/09; and (ii) Decision P. No. 375/2013 of the Court of Appeals of 5 June 2013, not specifying what rights protected by the Constitution were violated and also he did not complete and clarify his referrals with concrete information regarding the court proceedings.

The Court, pursuant to Rule 35 (5) of the Rules of Procedure decided that the Applicant’s Referral should be summarily rejected, because: (i) With respect to the Decision C. No. 47/2000 of the Municipal Court in Prizren,           of 25 September 2012 and Judgment Rev. No. 46/2005 of the Supreme Court of 28 December 2006, the Referral is a repetition of previous Referrals   decided by the Court; and (ii) as to the challenged Decision P. No. 375/2013 of the Court of Appeals, of 5 June 2013, the Referral is incomplete and unclear.