Constitutional Court

KI60/20, Applicant: The Council of Islamic Community, Constitutional review of Decision AC.no.4738/19 of the Court of Appeals of Kosovo, of 23 January 2020 

KI60/20, decision to reject the referral, adopted on 18 February 2021

Keywords: individual referral, incomplete referral, decision on rejection.

The Applicant challenges before the Court the Decision [AC.no.4738/19] of the Court of Appeals, of 23 January 2020 in conjunction with the Decision [PPP.no.165/19] of the Basic Court in Gjakova, of 5 August 2019.

The circumstances of the present case are related to a dispute between the Applicant and RWC- “Çabrati” J.S.C., having its seat in the Municipality of Gjakova, regarding the financial obligation of the first to the second, in the name of the waste collection services for the years 2005, 2006, 2007 and a part of 2008. The regular courts, had confirmed the Applicant’s obligation to the relevant enterprise. The main allegation of the Applicant before the Court was that the Decision [E.no.516/08] of the District Court of 12 January 2009 , rendered prior to the challenged decisions, in the circumstances of the present case has become res judicata. On the basis of the case file, it results that this Decision of the District Court may have allowed the enforcement against the Applicant.

However, taking into consideration the fact that the Applicant’s Referral was incomplete, the Court requested from the Applicant, twice in a row, to supplement his Referral, by submitting to the Court: (i) the decision for which the Applicant in the Referral claims that should be regarded as res judicata; and (ii) all other relevant documents for dealing the respective case. Despite these requests, the relevant documents were not submitted to the Court, including (i) the Judgment [C.no.332/2018] of the Basic Court, of 5 November 2018; (ii) the Writ [P.no.245/19] of the Private Enforcement Agent, of 8 May 2019, decisions which were issued after the decision of the District Court, for which the Applicant claims to be res judicata; (iii) the Applicant’s objection exercised against the Writ[P.no.245/19] of the Private Enforcement Agent, of 8 May 2019; and  (iv) the Applicant’s appeal filed against the Decision [PPP.no.165 / 19] of the Basic Court, of 5 August 2019.

Therefore, taking into consideration that the Applicant’s Referral was incomplete and not clearly stated, despite the Court’s requests for supplementing it, the Court found that the Applicant’s Referral does not meet the procedural criteria for further consideration, as defined in paragraph (5) of Rule 35 of the Rules of Procedure, and consequently summarily rejected the Referral.