Constitutional Court

KI194/19, Applicant: Fadil Ibrahimi; Constitutional review of Response 157/19 of the Ministry of Justice, of 22 August 2019

KI194/19, Decision to reject the Referral of 25 November 2020, published on 24 December 2020

Keywords: individual referral, incomplete referral, decision to reject the referral

The Applicant requests the constitutional review of the challenged Response [157/19] of the Ministry of Justice, regarding the rejection of the Applicant’s request for compensation of the capitalized life annuity.

The Court found that the Referral submitted by the Applicant challenges the Notification/Response of the Ministry of Justice and not any concrete decision.

In this regard, the Court considered that the document [157/19] issued by the Ministry of Justice does not reflect any decision nor does it define rights and obligations for the Applicant.

The Court found that in the circumstances of the present case, the Referral is incomplete in the sense of the absence of challenging an act, and unclear in the sense of what are the Applicant’s allegations of the violation of his constitutional rights and freedoms.

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