Constitutional Court

KI 185/19, Applicant: Abdylhadi Petlla, constitutional review of  Decision AC-I-17-0034 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of 27 June 2019

KI185/19, Resolution on Inadmissibility of 22 July 2020, published on 20 August 2020

Keywords: individual referral, civil procedure, manifestly ill-founded referral, inheritance, inadmissible referral.

In the present case, the Specialized Panel and the Appellate Panel of the Special Chamber of the Supreme Court by their decisions had dismissed the Applicant’s claim as inadmissible, since he had not submitted the inheritance decision requested in the manner as provided by law.

The Applicant complained before the Constitutional Court for violation of the right to fair and impartial trial guaranteed by Article 31 [Right to  Fair and Impartial Trial] of the Constitution in conjunction with Article 6 [Right to a fair trial] of the ECHR.

The Court noted that the Appellate Panel of the Special Chamber found that the Applicant had not clarified the issue of inheritance. He was given the opportunity by this Panel to submit the  inheritance decision, to prove his active legitimacy, but he had failed to submit the said document. The Appellate Panel of the SCSC also clarified that the nheritance decision is the only document, pursuant to Article 171.1 in conjunction with Article 178.1 of the Law on Out Contetious Procedure, which confrims the active legitimacy in the proceedings of this nature.

The Court found that the Applicant did not substantiate the allegations that the respective proceedings were in any way unfair or arbitrary and that the challenged decision violated the rights and freedoms guaranteed by the Constitution and the ECHR.

Finally, the Court finds that the Referral is manifestly ill-founded on constitutional basis and must be declared inadmissible in accordance with Article 113.7 of the Constitution, Article 20 of the Law and Rules 39 (2) of the Rules of Procedure.