Constitutional Court

The Applicant filed a referral pursuant to the Article 113.7 of the Constitution alleging that court decisions have violated his constitutional rights guaranteed by: Article 22 [Direct Applicability of International Agreements and Instruments], Article 24.1, 2 [Equality before the Law], Article 31.2 [The Right to Fair and Impartial Trial], and Article 102.3 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo.

The Court finds that in fact the Applicant has failed to prove that due to objective circumstances, without his fault, he has been prevented to timely submit the Referral, so the onus is on the party/parties submitting the Referral with the Court. The court further has stated that the party cannot justify the delay of the submission of the Referral merely for the purpose of obtaining a rehearing of his case, without supporting it with evidence that would really justify the reason for the loss of the deadline, as determined under Article 49 of the Law and rule 36.1 (b) of the Rules of Procedure.