Constitutional Court

KI 127/20, Applicant: Kadri Berisha, Constitutional review of Decision of the Special Chamber of the Supreme Court of the Republic of Kosovo on Privatization Agency of Kosovo Related Matters  

KI 127/20, Decision to reject the referral adopted on 11 November 2020, published on 1 December 2020 

Keywords: individual referral, summary procedure, inadmissible referral

In the circumstances of the present case, the Applicant has submitted a referral claiming to represent the person DP. The Court requested the Applicant to submit evidence that he is a representative of the DP. The Applicant had not submitted the requested power of attorney.

The Court concluded that the Referral is incomplete and is not clarified because the alleged representative did not submit to the Court the valid power of attorney for representation of the person DP. The Court stated that it is necessary for the representatives to prove that they have received specific and clear instructions for representing the alleged victim within the meaning of Article 113.7 of the Constitution.

The Court based on Article 113 (1) and (7) of the Constitution, Articles 21 and 47 of the Law and Rule 35 (5) of the Rules of Procedure, found that the Applicant’s Referral should be summarily rejected.