Constitutional Court

KI127/18 Applicant: Tush Kolgjeraj constitutional review of Decision PN. No. 825/17 of the Court of Appeals of 6 October 2017

KI127/18, resolution on inadmissibility of 25 September 2019, published on 22 October 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 8 April 2015, the Basic Court in Prizren also rendered Decision P. No. 331/14, by which, due to the insult of the court and the other participants in the proceedings presented in the objection of 31 October 2014, sentenced the Applicant with a fine. The Basic Court stipulated that the fine could be converted to imprisonment if it is not paid within the stipulated time.

On 27 June 2017, the Basic Court in Prizren, having previously warned the Applicant, rendered Decision EDGJ. No. 380/17, replacing the fine with imprisonment sentence for not paying the fine within the prescribed time limit.

On 14 July 2017, the Basic Court in Prizren rendered Decision EDGJ. No. 380/17, which annulled the previous Decision (EDGJ No. 380/17 of 27 June 2017) because the Applicant paid the fine imposed by Decision P. No. 331/14 of the Basic Court.

After that, upon the Applicant’s appeal this case went through all appealing proceedings, completed by Decision AC. No. 825/17 of the Court of Appeals of 6 October 2017, which was served on the Applicant on 17 October 2017.

The Court notes that the Applicant submitted his Referral to the Court on 31 August 2018. Accordingly, the Court finds that the Applicant’s Referral was filed after the legal deadline of 4 (four) months established in the Law and the Rules of Procedure.

In this regard, the Court finds that the constitutional Referral was not filed within the legal deadline of 4 (four) months, stipulated by Article 49 of the Law and further specified in Rule 39 (1) (c) of the Rules of Procedure. Therefore, the Court finds that the Referral is inadmissible because it was filed out of the legal time limit.