Resolution

RESOLUTION on INADMISSIBILITY: The Referral of the Mayor of the Municipality of Hani i Elezit, Rufki Suma, concerning the name of the Municipality of Hani i Elezit, in the Serbian language known as -Dzeneral Jankovic

Case No. KO 117/10

Applicant: Rufki Suma

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The Applicant has submitted a referral in accordance with Articles 113.7 and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law no. 03/L-121 on the Constitutional Court of the Republic of Kosovo, of 15 January 2009.
On 26 November 2011, the Applicant filed a referral with the Constitutional Court.
The President of the Court appointed, on 29 November 2010, Judge Altaya Suroy as Reporting Judge, and the Review Panel composed of: Judge Snezhana Botusharova (Presiding), Enver Hasani and Iliriana Islami.
The Applicant claims that there has been a number of complaints from the citizens, various associations, enterprises, against the name of the Municipality in Serbian language, known as Djeneral Jankovic.
The Applicant ultimately maintains that the citizens have warned that if the property tax receipts are submitted to them containing the name Deneral Jankovic, they will boycott and will refuse to pay such bills.
The applicant demanded from the Constitutional Court to assess whether there has been a violation of the Constitution in terms of the name of the Municipality in Serbian language.

The Court noted that the referral was filed on 26 November 2010, which means more than two years from the entry into force of the challenged provision of the Law on Municipal Administrative Boundaries, which entered into force on 16 June 2008.
Based on the above, the Court found that the referral was not filed with the Court within the deadline provided by Article 41 of the Law.
Subsequently, the Referral was rejected as inadmissible, because the case is time-barred.

Based on such reasons, the Constitutional Court, in accordance with Article 113, paragraph 4 of the Constitution, Article 41 of the Law, voted in a majority to reject the referral as inadmissible.

Applicant:

Rufki Suma

Type of Referral:

KO - Referral from state organisations

Type of act:

Resolution

Referrals is filed out of time

Type of procedure followed before other institutions :

administrative