Resolution

Constitutional Review of the Decision of Kosovo Energy Corporation (hereinafter: KEK) no. 192, of 19 November 2007

Case No. KI 64/13

Applicant: Fane Bytyqi

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The Referral Applicant filed the Referral pursuant to Articles 113,7 and 21,4 of the Constitution, Articles 20, 22,7 and 22,8 of the Law no, 03/L-121 on the Constitutional Court of 15 January 2009, On 25 February 2013, the Applicant submitted Referral to the Constitutional Court of the Republic of Kosovo and sought from the court the constitutional review of KEK Decision, The Applicant stated that the challenged decision violates her fundamental rights, guaranteed by the Constitution and by the European Convention on Human Rights, The President with Decision (no, GJR, 64/13 of 29 April 2013), appointed Judge Ivan Čukalović as Judge Rapporteur, On the same day, the President with Decision (no, KSH, KI64/13) appointed the Review Panel composed of Judges: Snezhana Botusharova (Presiding), Kadri Kryeziu and Arta Rama Hajrizi, Upon reviewing the case the court concluded that the Referral Applicant withdrew the claim in the Supreme Court and by doing so, she failed to take procedural steps in the regular court proceedings, which is regulated by law, It is more likely that the case will be declared inadmissible, since that action is understood as denying the right to further proceedings and denial of violation, In this respect, the Court concludes that the Applicant has not exhausted all legal remedies, as it is provided by Article 113,7 of the Constitution, For all the aforementioned reasons, the Constitutional Court of Kosovo in the session held on 12 September 2013 rendered the Referral inadmissible

Applicant:

Fane Bytyqi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

administrative