Constitutional Court

KI188/19, Applicant: Saranda Nimani, Constitutional review of Decision C. no. 61/2008 of the Basic Court in Mitrovica, of 14 May 2019 

KI188/19, Resolution on Inadmissibility of 26 February 2020, published on 7 April 2020

Keywords: Individual referral, right to fair trial, resolution on inadmissibility, non-exhaustion.

The Applicant was a victim of a traffic accident. In order to achieve the right to compensation, the Applicant appointed her legal representative.

Meanwhile, the legal representative revoked her authorization to represent her according to her claim.

The Applicant did not inform the Basic Court of this but authorized a new representative.

During the processing of the statement of claim, the Court found that the Applicant had not paid the  fee of 20 Euros when filing the statement of claim, and therefore it sent the order for the payment of tax to the Applicant’s first representative, whom she had authorized when filing the statement of claim.

On the basis of the case file it results that the representative did not inform her and she missed the deadline for paying the fee.

Therefore, the Basic Court rendered a decision dismissing the claim.

The Court, having analyzed the Applicant’s allegations as well as the case file, concluded that the Applicant had brought herself into a situation in which her claim could not be processed before the regular courts,  by having failed to inform the Basic Court about the changing of  her representative.

Accordingly, the Court dismissed the Applicant’s Referral on the ground that the Applicant had not exhausted all legal remedies in accordance with Article 113.7 of the Constitution, Article 47.2 of the Law and Rule 39 (1) (b) of the Rules of Procedure.