The Constitutional Court published the Guide on admissibility criteria for individual referrals

23.04.2024

The Constitutional Court of the Republic of Kosovo has published the “Practical Guide on admissibility criteria: Individual Referrals”, which aims to inform parties, representatives of the parties and the legal community in general, about the criteria for the admissibility of individual referrals submitted to this court.

The promotion of the Guide took place at a conference held today at “Venus Hotel” in Prishtina launching the Council of Europe Project “Support to the Constitutional Court in Applying and Disseminating European Human Rights Standards – Phase IIII”, which has started to be implemented since January this year.

In the conference held, the President of the Constitutional Court of the Republic of Kosovo, Mrs. Gresa Caka – Nimani, inter alia, emphasized that this is the first time such a guide has been published, which is expected to significantly facilitate the work of lawyers and official representatives of the applicants, during the submission of individual referrals to the Constitutional Court.

By elaborating on Court’s jurisprudence related to the admissibility criteria of an individual referral submitted under paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, this Guide, inter alia, aims to (i) guide applicants and/or their legal representatives regarding the preparation of referrals; (ii) reduce the number of referrals submitted to the Constitutional Court, which do not meet the procedural criteria to be reviewed on merits; and consequently (iii) increase the number of admissible referrals, which may be subject to further evaluation of merits. The content and structure of this document has been developed based on the example of the Practical Guide on Admissibility Criteria of the European Court of Human Rights (ECtHR), while it will soon be accessible to all interested parties also on the Constitutional Court’s website www.gjk-ks.org.