Constitutional Court

KI 15/20, Merita Dervishi, Request for constitutional review of Decision AA. No. 557/2019 of the Court of Appeals in Prishtina – Department for Administrative Matters, of 05 November 2019

KI15/20, resolution on inadmissibility of 12 April 2021, published on 25 May 2021 

Keywords: individual referrals, ratione materiae, manifestly ill-founded

The Applicant submitted the request to the Basic Court in which she requested a repetition of the court proceedings. The regular courts rejected the Applicant’s request as ungrounded. Having this in mind, the Applicant submitted a request for protection of legality to the State Prosecutor’s Office, which was rejected as ungrounded.

In this regard, the Applicant addressed the Court stating that the regular courts violated her rights guaranteed by Article 31 of the Constitution. In addition, the Applicant alleged that the Office of the State Prosecutor by rejecting the request for protection of legality violated Articles 31 and 32 of the Constitution in conjunction with Articles 6 and 13 of the ECHR.

Analyzing the allegations of the Applicant, the Court concluded that the request for repetition of the proceedings is not  incompatible ratione materiae with the Constitution, whereas the allegations that the notification violated the constitutional rights of Articles 31 and 32 in conjunction with Articles 6 and 13 of the ECHR, are ungrounded.