Constitutional Court

KI185/20, Applicant: ENA sh.a., Request for return to the previous situation of the “concluded matter” with Resolution on rejection in case KI104/19 of the Constitutional Court of the Republic of Kosovo, of 16 January 2020 and Referral for the constitutional review of the Decision [AC-I-19- 0013] of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo on Privatization Agency of Kosovo Related Matters (hereinafter: SCSC), of 28 February 2019

KI185/20, Resolution on Inadmissibility, adopted on 13 April 2021, published on 30 April 2021

Keywords: individual referral, request for return to previous situation, out of time referral, inadmissible referral.

On 20 June 2019, the Applicant submitted the Referral to the Court, requesting a constitutional review of the Decision [AC-I-19- 0013] of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo on Privatization Agency of Kosovo Related Matters, of 28 February 2019. The Applicant in his Referral to the Court, by mail, had not (i) submitted the completed Court form for individual requests and also had not submitted (ii) the valid authorization proving that he represents the factory “ENA” in Gjakova which is required by Rule 32 (1) and (3) of the Rules of Procedure. On 29 July 2019, in the absence of the address indicated by the Applicant in his Referral (as required by Rule 32 (2) (a) of the Rules of Procedure) and a contact number (as required on the Referral Form for individual requests), the Court had delivered its request for (i) submission of the completed form of the Court for individual requests and (ii) authorization for representation within 15 (fifteen) days to the address [of the headquarters of the Factory “ENA”, “Mother Teresa” Street, n.n. Gjakova]. Based on the return form, received in Court on 1 August 2019, it is proven that the Notification of the Court, of 29 July 2019 was delivered to the above address [Mother Teresa Street, n.n. Gjakova]. However, the Court had not received the documents required for the fulfillment of the Referral and later even after the repeated request of the Court through the letter of 21 October 2019, the Court again had not received the requested documents. Consequently, as a result of not receiving the documents requested from Mr. Ruzhdi Kumnova, in his capacity as alleged representative, on 16 January 2020, the Court decided to summarily reject the Referral in the case KI104/19 as provided by Rule 35 (5) of the Rules of Procedure.

The Applicant in the present Referral, in the capacity of a legal entity, which is represented by its Director Ruzhdi Kumnova, requests permission to return to the previous situation of his Referral KI104/ 19 by which he had requested the constitutional review of the Decision [AC-I-19-0013] of the SCSC, of 28 February 2019. In his Referral, the Applicant alleges that he had never received the Court’s letters, of 29 July 2019 and 21 October 2019, requesting the submission of the completed form and authorization for representation, respectively. At the same time, the Applicant alleges that the challenged Decision of the SCSC was rendered in violation of his fundamental rights and freedoms guaranteed by Articles 3 [Equality before the Law], 24 [Equality before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution.

The Court referring to the case file submitted in his Referral, registered under number KI104/19 and his reasoning given in his present Referral, through which he specifically requests the return to the previous situation of his Referral KI104/ 19, considers that this Referral does not meet the conditions set out in Article 50 (Return to the Previous Situation) of the Law on the Constitutional Court. Consequently, the Court, after finding that none of the conditions set out in Article 50 on Return to the Previous Situation of the Law had been met, found that the Referral had been filed outside the time limit set out in Article 49 of the Law and Rule 39 (1) (c) of Rules of Procedure.