Constitutional Court

KI70/19, Lorenc Kolgjeraj, Constitutional review of Decision PPP. no. 267/2017 of the Basic Court in Prizren, of 15 April 2019

KI70/19, Decision to reject the referral, of 23 July 2019, published on 08 August 2019

Key words: individual referral, incomplete referral, decision to reject the referral

The Applicant filed a Referral with the Constitutional Court, alleging that the regular courts, when deciding regarding the Order of the Private Enforcement Agent, had unfairly forced the Applicant to pay a certain amount of money to the  RWC “Radoniqi-Dukagjini”, in the name water consumption, alleging that the property in respect of which the RWC “Radoniqi-Dukagjini” claimed the debt is on the name of third parties and not on the name of the Applicant.  The Applicant did not specifically mention any right guaranteed by the Constitution, which he alleges to have been violated by the challenged decisions.

Considering the fact that the referral of the Applicant was not complete, the Court asked the Applicant to complete his referral, by: a) completing the referral form of the Court; b) specifying exactly the acts of the public authorities against which the Applicant is complaining; and c) clarifying his complaints according to the Constitution.

In reply to the Court’s request, although the Applicant submitted the referral form of the Court and specified court decisions related to his case, he failed to specify the constitutional rights he alleges to have been violated by the public authorities and did not clarify his complaints according to the Constitution.

Consequently, the Court considered that the referral of the Applicant does not meet the procedural requirements for further review, because it was not completed with supporting documentation and information, as required by Article 48 of the Law on the Constitutional Court and Rules 32 (2) (e) and (g) of the Rules of Procedure of the Court, therefore, pursuant to Article 113.7 of the Constitution, Articles 47 and 48 of the Law and Rule 35 (5) of the Rules of Procedure, it decided to summarily reject the Referral.