Constitutional Court

KI103/19, Applicant: Ilmi Sopa, Constitutional review of the Resolution on the Inadmissibility of the Constitutional Court of Kosovo no. KI 49/18 of 14 December 2018 

KI103/19, Decision to Reject the Referral of 29 April 2020, published 13 May 2020

Keywords: individual referral, constitutional review of the challenged Resolution on Inadmissibility of the Constitutional Court of Kosovo, the referral does not fulfill the procedural requirements for the review of the rejected referral.

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

The Court notes that the subject matter of this  Referral bearing the number  KI103/19 is the same as in Referral no. KI 49/18 where the Applicant requested the constitutional review of the Judgment PML. no. 316/2016 of 15 March 2017

The Applicant does not present any new important fact to have rendered a  new decision, rather this is merely another attempt by the Applicant to request from the Court the same constitutional review which he had already requested in Referral no. KI 49/18.

Based on the foregoing, the Court concludes that the Applicant’s referral is, in fact, a request for the reopening of an earlier procedure in which the Court has already rendered the decision. Therefore, pursuant to Rule 35 (5) of the Rules of Procedure, the Referral no. KI103 / 19  is summarily rejected.