Constitutional Court

KI90/20. Applicant: Arben Boletini, Constitutional review of Judgment P. No. 4333/19 of the Basic Court in Prishtina, of 26 November 2019

KI90/20, Decision to reject the referral of 18 November 2020, published on 9 December 2020

Keywords: individual referral, incomplete referral, decision on rejection

The Applicant before the Court challenges the Judgment [P. No. 4333/19] of 26 November 2019 of the Basic Court in Prishtina. The Applicant only stated before the Court that the challenged Judgment was rendered in violation of his fundamental rights and freedoms guaranteed by the Constitution and the European Convention on Human Rights, by not accurately clarifying what fundamental rights and freedoms he claims to have been violated, but only requesting to “reconsider the case”. The case in the circumstances of the present case is related to a Punitive Order issued by the Basic Court against the defendant S.J., whom the Applicant reported to the Kosovo Police due to a threat.

In view of the fact that the Applicant’s Referral was unclear, the Court twice in a row requested the Applicant to: (i) clarify his Referral; and (ii) accurately clarify his allegations of violation of the rights guaranteed by the Constitution. The first time, the Applicant by e-mail sent a reply to the official e-mail of the Court, but did not provide the clarification requested by the Court, while the second time he did not respond to the request of the Court.

Therefore, the Court found that the Applicant’s Referral does not meet the procedural criteria for further consideration, on the grounds that it is incomplete and unclear, as established in paragraph (5) of Rule 35 of the Rules of Procedure, and decided that the Referral be summarily rejected.