Constitutional Court

KI126/20, Applicant: Ganimete Zeka, Constitutional review of an unspecified act of a public authority

KI126/20, Decision to reject the referral, of 11 November 2020, published on 8 December 2020 2020

Key words: individual referral, unspecified act, decision to reject the referral

The Applicant has not challenged any concrete act of any public authority and has not clarified exactly which fundamental rights and freedoms guaranteed by the Constitution she alleges to have been violated through any act of a public authority.

Taking into account the fact that the Referral of the Applicant was incomplete, the Court requested the Applicant to: (i) specify the acts of the public authorities which she challenges; (ii) precisely clarify her allegations for violation of the rights guaranteed by the Constitution; (iii) submit copies of documents and other information supporting her allegations.

The Applicant replied to with a letter to the Court, repeating the same arguments as in her initial Referral, but did not answer to the requests of the Court, namely did not specify which decision she is challenging and what rights and freedoms protected by the Constitution she alleges to have been violated.

Consequently, the Court found that the Referral of the Applicant does not meet the procedural requirements for further review, because it was not completed with supporting documentation, as required by Article 48 and 22.4 of the Law on the Constitutional Court and Rules 35 (5) of the Rules of Procedure of the Court, and decided to summarily rejected the Referral.