Resolution

Constitutional Review of the requirement of the Special Chamber of the Supreme Court for appellants to provide English language translations of all documents

Case No. KI 63/13

Applicant: Safet Voca

The Applicant alleges that the provision of Article 25 (8) of the Annex to the Law on the Special Chamber, requiring from the Appellants to provide English language translations of all documents related to their appeal is in contradiction with constitutional determination of the official languages in Kosovo, The Applicant alleges that the requirement to provide translations of documents into English language also constitutes discrimination on the basis of language against all citizens of Kosovo, when making an appeal to the Special Chamber of the Supreme Court, in violation of Article 24 (2) of the Constitution, The Applicant also requests that, pursuant to Article 116 (2) of the Constitution, the Court orders the temporary suspension of the application of the requirement to provide English language translations, as contained in Article 25 (8) of the Annex of the Law on the Special Chamber, pending a final decision of the Court on the Referral, With regard to the Applicant’s right to submit a Referral under Article 113 (7) of the Constitution, the Court considers that the Applicant does not articulate an individual right or freedom which may have been violated, nor does he refer to any concrete action or decision of a public authority which may have violated his fundamental rights, Therefore, the Court finds that the Applicant is also not an authorized party to request the temporary suspension of the Application of Article 25 (8) of the Annex to the Law on the Special Chamber, For this reason, the Applicant’s request for an interim measure under Article 116 (2) of the Constitution must be rejected, In conclusion, the Court finds that the Referral has not been submitted in a legal manner by an authorized party within the meaning of Article 113 (1) of the Constitution and must be rejected as inadmissible, because the Applicant is not an authorized party and rejected the request for interim measure

Applicant:

Safet Voca

Type of Referral:

KI – Individual Referral

Type of act:

Resolution