Constitutional Court

The Applicant is a lawyer from Prishtina, who represented a client with regular jurisdiction courts in Prishtina, Due to dispute on the manner of submitting of the judicial decision, she submitted a proposal to the Public Prosecutor to request protection of legality, a request which was rejected, The Applicant filed the Referral based on Article 113,7 of the Constitution of Kosovo, claiming that the challenged decision and the notification of the Public Prosecutor violate her right to a fair and impartial trial (Article 31 of the Constitution) and her right to legal remedies (Article 32 of the Constitution), The Court found that the Applicant is not a party in the proceedings but a legal representative of one of the parties, i,e, acting on behalf of another person, who is affected by the decisions of public authorities, The Applicant submitted the Referral on her behalf, alleging violations of her individual constitutional rights, by not submitting the referral on behalf of her client for alleged violations of her client, Therefore, the Court concludes that the Applicant cannot be considered an authorized party according to Article 113 paragraph 7 of the Constitution as her individual rights and freedoms guaranteed by the Constitution are not violated by public authorities