Constitutional Court

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo claiming that that the final judgment of the District Court was not executed by the competent authorities neither from the criminal nor from the civil point of view and as such remains a worthless document. The non-execution of the final District Court judgment constitutes, allegedly, a violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution in connection with Article 6.1 of ECHR.
The Court held that the applicant’s referral was out of time pursuant to Article 49 of the Law because the District Court Judgment, AP.nr.182/2009, of 29 April 2010, was served on the Applicant on 26 May 2010, while the Applicant submitted the Referral to the Constitutional Court on 30 June 2011, i.e. more than 4 months after the Applicant was served with the District Court Judgment. For this reason, the Court decided to reject the Applicant’s referral as inadmissible.