Constitutional Court

KI59/18 Applicant: Strahinja Spasić, constitutional review of Decision AA–UŽ. No. 58/2017 of the Supreme Court, of 1 December 2017  

KI59/18, resolution on inadmissibility of 27 March 2019, published on 15 April 2019

Keywords: individual referral, constitutional review of the challenged decision of the Supreme Court, out of time

The Referral is based on Article 113.7 of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo, and Rule 32 of the Rules of Procedure of the Constitutional Court.

On 22 October 2017, the elections in the Republic of Kosovo for local self-government bodies were held. The Applicant was a candidate for the Serb List for the Mayor of the Municipality of Kllokot.

After the first round of elections, the Applicant and another candidate went to the second round. After the second round of elections, the Applicant filed a complaint with the Election Complaints and Appeals Panel (hereinafter: the ECAP) alleging that there were irregularities in the electoral process.

Upon reviewing the Applicant’s appeal and all relevant evidence, the ECAP rejected as ungrounded the Applicant’s complaint, this ECAP decision was fully accepted and supported by the Supreme Court. After that, the Central Election Commission announced the election results according to which the Applicant did not win the highest number of votes. Against this decision of the Central Election Commission, the Applicant filed a complaint to the ECAP with identical allegations as in the first complaint. The ECAP rejected this complaint of the Applicant as inadmissible and res judicata because it had already been decided on the matter. The Central Election Commission subsequently announced the final election results, confirming the preliminary election results.

The Applicant alleges that the ECAP and the Supreme Court violated his rights guaranteed by Article 21 [General Principles], Article 32 [Right to Legal Remedies], Article 45 [Freedom Election and Participation] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo (hereinafter: the Constitution).

The Court notes that the Supreme Court, on 1 December 2017, rendered the final Decision AA. UŽ. No. 58/2017 regarding the complaint [1112], which the Applicant initiated before the ECAP.

The Court also notes that the Applicant subsequently filed complaint again [1127] with the ECAP with identical allegations regarding Decision [No. 2470-2017] of CEC of 7 December 2017. The ECAP, after considering this complaint of the Applicant, rendered Decision ZL. A. No. 1127/2017 of 8 December 2017, in which emphasized that these allegations of the Applicant were reviewed and reasoned in the previous decision, and, accordingly, the case has already been decided, and therefore, the Applicant’s complaint was inadmissible.

Based on the above, the Court considers that the final decision of the Applicant is Decision AA. UŽ. No. 58/2017 of the Supreme Court of 1 December 2017. Therefore, the time limit started to run from 1 December 2017, which is the date when the decision in question was served on the Applicant. The Applicant submitted his Referral on 12 April 2018. The deadline of four months for submitting the Referral expired on 1 April 2018.

Therefore, the Court finds that the Applicant’s Referral is inadmissible as out of time.