Constitutional Court

KI102/19, Applicant: Bedri Gashi, Request for constitutional review of Resolution on Inadmissibility No. KI174/18, of 7 May 2019

KI 102/19, Decision to reject the Referral, of 7 November 2019, published on 9 December 2019.

Keywords: individual referral, summarily procedure.

The Applicant submitted Referral No. KI102/19, in which he requested the “reconsideration” of the Resolution on Inadmissibility No. KI174/18.

The Court held that in order to consider a referral that relates to the same facts as the previous referral, the Applicant must in fact provide new information, that were not previously considered by the Court. In this regard, the Court recalled that its decisions are final and binding on the judiciary, and all persons and institutions of the Republic of Kosovo.

The Court concluded that the Applicant’s Referral is, in fact, a request for repetition of previous proceedings, already decided by the Court. Therefore, in accordance with Rule 35 (5) of the Rules of Procedure, Referral No. KI102/19 was summarily rejected.