Resolution

Constitutional Review of the Resolution of the District Court in Peja Ac.no.69/2012, dated 12 April 2012

Case No. KI 52/13

Applicant: Halil Studenica

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The Referral is based on Article 113,7 of the Constitution, Article 47 of the Law on the Constitutional Court of the Republic of Kosovo no, 03/L-121 of 15 January 2009, and Rule 56 of the Rules of Procedure of the Constitutional Court, On 08 February 2013, the Applicant submitted Referral to the Constitutional Court of the Republic of Kosovo and sought from the court the constitutional review of the Decision of the District Court, Applicant claims that the principles of equality before the law (Article 3 of the Constitution) and the principle of impartiality of the court (Article 31 of the Constitution) were violated by an erroneous determination of facts, particularly by the Judges of the second instance panel, The President by Decision (no, GJR, KI 52/13) of 16 April 2013, appointed Judge Almiro Rodrigues as Judge Rapporteur, On the same day, the President (by Decision no, KSH, KI 52/13) appointed the Review Panel composed of Judges: Altay Suroy (Presiding), Kadri Kryeziu and Arta Rama Hajrizi, The court upon reviewing the case concluded that the Referral was submitted out of the four months deadline provided by Article 49 of the Law on the Constitutional Court, Under these circumstances, the Constitutional Court of Kosovo concluded that the Applicant has not submitted the Referral in a legal manner, because it is out of time limit and the referral is inadmissible

Applicant:

Halil Studenica

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referrals is filed out of time

Type of procedure followed before other institutions :

Civil