Constitutional Court

KI49/21, Applicant: Fitim Berisha, Constitutional Review of an unspecified act of public authority

KI49/21, Decision to reject the referral, of 5 May 2021

Key words: individual referral, incomplete referral, decision to reject the referral

The Applicant does not challenge any concrete decision of any public authority.

In essence, the Applicant alleged before the Court that the issues related to the procedure for establishing custody of his daughter were unfair. Subsequently, the Applicant alleged that starting from the Gynecology Clinic in Prishtina, the Center for Social Work in Fushë Kosova and the Ministry of Labor and Social Welfare – Health Inspectorate, have lost the documentation submitted by the Applicant.

The Applicant had not specifically clarified what rights and fundamental freedoms guaranteed by the Constitution of the Republic of Kosovo have allegedly been violated by some act of a public authority.

Considering the fact that the Referral of the Applicant was incomplete, the Court requested the Applicant to supplement his Referral by: a) specifying the acts of public authorities which he challenges; b) accurately clarifying his allegations for violation of rights and fundamental freedoms guaranteed by the Constitution; and c) submitting copies of documents and other information supporting his allegations.

The Applicant had replied with a letter to the Court, repeating the same arguments as in her initial Referral, but did not answer to the requests of the Court, namely did not specify which decision she is challenging and what rights and freedoms protected by the Constitution she alleges to have been violated. 

Therefore, the Court considered that the Referral of the Applicant does not meet the procedural requirements for further review, because it was not completed with supporting documentation, as required by Article 20 and 48, of the Law on the Constitutional Court and Rules 32 (2) (h) and 35 (5) of the Rules of Procedure of the Court, therefore it decided to summarily rejected the Referral.