Resolution

Constitutional Review of UNMIK Administrative Direction No. 2003/13

Case No. KI 45/09

Applicant: Teki Bokshi

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that Articles 22.7 and 64.7 of UNMIK Administrative Direction No. 2003/13, as amended and replaced, violate fundamental rights and freedoms guaranteed by Articles 5, 23, 24 and 31 of the Constitution, as well as Articles 6 and 14 of the European Convention on Human Rights, because it provides for the Special Chamber’s translation into English of submissions in Kosovo Trust Agency cases, yet requires parties to bear the expense of English translations in other cases, which amounts to discrimination, The Court held that the Referral was inadmissible pursuant to Articles 53 and 113.7 of the Constitution, Article 47.1 of the Law on the Constitutional Court, and Rule 69 of the Rules of Procedure because the Applicant was not a direct victim of the alleged unconstitutionality, depriving him of standing as an authorized party, The Court noted that the Constitution does not provide for submission of an actio popularis by an individual who is not directly affected by an alleged Constitutional violation. For these reasons, the Court decided to reject the Referral as inadmissible

Applicant:

Teki Bokshi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is not filed by an authorized party

Type of procedure followed before other institutions :

Administrative