Resolution

Request for Constitutional review of the Judgment of Supreme Court of Kosovo A. no. 15/ 2003 of 30 June 2004

Case No. KI 129/10

Applicant: Agron Xhaferi

The Applicant submitted his Referral based on Article 113.7 of the Constitution, alleging that by the Judgment A. no. 15/2003 his constitutional rights guaranteed by Article 24 [Equality before the Law], Article 31 [Right to Fair and 1m partial Trial] , Article 46 [Protection of Property] of the Constitution; Article 6 of European Convention of Human Rights and Article 1 of Protocol 1 of European Convention of Human Rights, The Court noticed that the request related to events prior to 15 June 2008, respectively before the entry onto force of the Constitution of the Republic of Kosovo. Therefore, according to this the application is submitted after the prescribed deadline and therefore is not “ratione temporis” in compliance with the provisions of the Constitution. The Court cited the case Jasifmiene against Lituania, Referral no. 4151O/98, the judgment of ECHR of 6 March and 6 June 2003). As a conclusion, the Court concluded that the Referral has not met the admissibility requirements pursuant to Rule 36.3 (4) of the Rules of Procedure of the Court.

Applicant:

Agron Xhaferi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is the Court doesn't have jurisdiction ratione temporis

Type of procedure followed before other institutions :

administrative