Constitutional Court

KI138/19, Applicant: Ibish Rraci, constitutional review of Judgment AA. No. 506/2018 of the Court of Appeals of 16 April 2019

KI138/19 Resolution on Inadmissibility, of 10 November 2020, published on 29 December 2020

Keywords: individual referral, administrative procedure, right to fair trial, manifestly ill-founded referral, inadmissible referral

The Applicant challenged before the Constitutional Court the constitutionality of Judgment AA. No. 31/2019 of the Court of Appeals of 16 April 2019, alleging violation of his rights guaranteed by Articles 31 [Right to Fair and Impartial Trial] of the Constitution, and Article 6.1 of the European Convention on Human Rights. The Applicant’s allegation relates to the non-addressing of his allegation of   the constitutionality of Article 16 of Law No. 04/L-131 on Pension Schemes Financed by the State, with Articles 3, 24 and 46 of the Constitution.

The Court, after assessing the allegations in their entirety, considered that the Court of Appeals has responded to the Applicant’s allegation regarding the violation of the rights guaranteed by Article 31 of the Constitution, stating that such an allegation of the Applicant is ungrounded for the reason that the latter was not supported and substantiated in a convincing manner. The Court further considers that the Applicant had sufficient opportunity to present to the Court of Appeals all allegations of violation of his rights. Moreover, his arguments have been duly heard and duly examined by the Court of Appeals.

In sum, the Court found that the Applicant’s Referral is to be declared inadmissible as manifestly ill-founded, because the Applicant has not substantiated on constitutional basis his allegation of a violation of his rights guaranteed by Article 31 of the Constitution and Article 6.1 of the Convention. Therefore, the Applicant’s Referral is declared inadmissible as manifestly ill-founded on constitutional basis, in accordance with Rule 39 (2) of the Rules of Procedure.