Constitutional Court

KI64/19, Applicant: Ejup Koci, Assessment of the Applicant’s request for withdrawal of the Referral for constitutional review of Decision C. no. 204/2015 of Basic Court of Mitrovica, of 27 April 2017 

KI64/19, Decision on Withdrawal of Referral, adopted on 25 September 2019, published on 31 October 2019

Keywords: individual referral, decision on withdrawal of referral 

The Applicant alleged a violation of Article 21 [General Principles], Article 22 [Direct Applicability of International Agreements and Instruments], Article 24 [Equality before the Law], Article 31 [Right to Fair and Impartial Trial], Article 46 [Protection of Property], Article 54 [Judicial Protection of Rights] of the Constitution and Article 6 [Right to a fair trial] of the ECHR, because the Basic Court terminated the contested procedure for procedural reasons. In the meantime, during the examination of the Referral, the Applicant informed the Court that he wants to withdraw his Referral.

Having considered the Applicant’s Referral, the Court held that there was no compelling reasons to continue the constitutional review of the challenged decisions and granted the Applicant’s request to withdraw the Referral pursuant to Article 23 of the Law and Rule 35 of the Rules of Procedure.