Constitutional Court

KI186/20, Applicant: Fehmi Hasani, Constitutional Review of the Judgment Rev. no. 118/2017 of the Supreme Court of Kosovo, of 10 October 2017 

KI186/20, Decision of 13 April 2021, published on 20 April 2021 

Keywords: individual referral, repeated request, decision to reject

The Applicant is appearing for the third time before the Constitutional Court.

The Applicant repeated the allegations as he had done in Referral no. KI15/18 and KI199/19 requesting the constitutional review of the Judgment Rev. no. 118/2017 of the Supreme Court, of 10 October 2017.

The Court considers that the current Referral no. KI189/20, is a repetition of the previous Referral no. KI15/ 18, which the Court declared inadmissible because it was manifestly ill-founded in the Constitution, and the previous Referral no. KI199/19, which the Court had decided to summarily reject.

The Court considered that in order to examine a Referral which relates to the same facts and allegations as the previous Referrals, the Applicant must provide new information which has not previously been considered by the Court. In this regard, the Court recalled that its decisions are final and binding on the judiciary, all persons and all institutions of the Republic of Kosovo.

The Court concluded that the Applicant’s Referral is, in fact, a request for repetition of the previous proceedings, already decided by the Court. Therefore, pursuant to Rule 35 (5) of the Rules of Procedure, Referral no. KI186/20 was summarily rejected.