Constitutional Court

KI29/21, Applicant: “Vëllezërit Kryeziu” L.l.c, Constitutional review of Decision AC. No. 4601/2020 of the Court of Appeals of Kosovo, of 2 December 2020

KI29/21, Decision to reject the referral, of 5 May 2021

Keywords: Individual referral, incomplete referral, decision on rejection

From the case file it resulted that the circumstances of the present case are related to a debt of the Applicant to the Independent Commission for Mines and Minerals, a debt which was ascertained by a series of decisions of the latter. Following the enforcement proposal submitted by the Independent Commission for Mines and Minerals, Private Enforcement Agent Gj.R allowed the enforcement in the amount of 22,500 euro against the Applicant. The Applicant filed an objection against the Enforcement Order, which the Basic Court had partially approved, acknowledging that the debt in the amount of 17,500 euro was statute-barred while in relation to the debt in the amount of 5000 euro upheld the Enforcement Order. Following the appeal of the Applicant and the Independent Commission for Mines and Minerals, the Court of Appeals approved the appeal of the Independent Commission for Mines and Minerals, and remanded the case for retrial. The Basic Court, acting on the retrial, rejected the Applicant’s objection as ungrounded. Following the Applicant’s appeal, the Court of Appeals rejected the appeal upholding the Decision of the Basic Court.

The Applicant before the Court challenged the Decision [AC. No. 4601/2020] of 2 December 2020 of the Court of Appeals of the Republic of Kosovo in conjunction with the Decision [PPP. No. 55/20] of 26 August 2019 of the Basic Court in Gjakova.

The Applicant before the Court alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies] of the Constitution of Republic of Kosovo in conjunction with Article 6 (Right to a fair trial), Article 13 (Right to an effective remedy) and Article 1 of Protocol 1 to the European Convention on Human Rights.

Taking into account the fact that the Applicant’s Referral was not complete, the Court requested the Applicant to complete his Referral by filling in i) the referral form; ii) all the decisions mentioned by the Applicant in the Referral; iii) clarify before the Court if there is a representative and if yes to submit the power of attorney.

The Court, on the basis of the postal acknowledgment of receipt, noted that the Applicant received the letter of the Court on 24 February 2021, and yet he did not respond to the request of the Court.

Therefore, the Court considered that the Applicant’s Referral does not meet the procedural criteria for further review, because it is not complete with supporting documentation, as required by Articles 20 and 48 of the Law on the Constitutional Court and Rules 32 (2) (h) and 35 (5) of the Rules of Procedure of the Court, therefore, it decided to summarily reject the Referral.

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