Applicants

How to file a Referral to the Constitutional Court?

If you have decided to file a Referral with the Constitutional Court, you must complete the Referral Form, which you can download from the Court’s website or request it directly from the Court (although this may take more time). Before filling the Referral Form please consult the “Guidelines” for completing the Form, which you can also find on the Constitutional Court’s website.

Once you have completed the Referral Form, you can submit it personally to the Court during regular working hours, either by regular mail or by electronic mail (e-mail). The Referral must be reasoned and the evidence and all other necessary documents should be attached to it (do not submit the original documents because they will not be returned to you after the completion of the review of the case).

The Referral should be addressed to the Secretary General, including the date of its submission and must be signed by the person submitting it.

You may address any questions regarding the submission of a Referral to the Court to the following email address: [email protected].

Who is eligible to file a Referral?

According to the Constitution of Kosovo a Referral can be submitted either by institutions or individuals (a physical or legal person).

What is the procedure at the Constitutional Court?

In cases where the Constitutional Court finds a Referral admissible, it will request from the respondent party to submit its reply or documents. Failure on the part of the respondent party to reply will not affect the proceedings before the Constitutional Court.

The procedure is conducted in writing and the Court may decide to hold a public hearing when the issue pertinent to the adoption of a decision requires previous discussion.

The Applicant may present his/her case before the Constitutional Court or he/she may designate a person to represent him/her. In the latter case, the Applicant is advised to hire a lawyer to present the case. Each representative is obliged to produce a Power of Attorney from the Applicant.