Constitutional Court

KI191/20, Applicant: Adnan Ahmeti, Constitutional review of unspecified acts of public authorities

KI191/20, Decision to reject the referral of 29 March 2021, published on 13 April 2021

Keywords: Individual referral, incomplete referral, decision to reject the referral

 The Applicant in his Referral submitted to the Court did not challenge any concrete act of any public authority and did not accurately clarify what fundamental rights and freedoms guaranteed by the Constitution he claimed to have been violated by an act of a public authority. He addressed the Court stating that “I was sentenced by UNMIK law where the Law on Adult Juvenile I think the maximum sentence is 20 years” while I was sentenced to 23 years in prison. “I have filed a complaint […] because I think I have been convicted more than provided by law”.

Considering that the Referral was not completed, on 12 January 2021, in accordance with paragraph 4 of Article 22 of the Law, the Court requested the Applicant to complete his Referral, by: a) filling in the Referral Form; b) clarify his allegations of violation of the rights guaranteed by the Constitution; and c) attach the decisions of the public authorities which he challenged before the Court. The Court’s letter was received by the Applicant on 15 January 2021. However, the Applicant did not respond to the Court’s request for clarification and completion of the Referral.

Therefore, the Court considered that the Applicant’s Referral does not meet the procedural criteria for further review, because it is incomplete with supporting documentation, as required by Articles 48 and 22.4 of the Law on the Constitutional Court and Rules 32 (2) (e) and (h) of the Rules of Procedure of the Court, therefore it decided to summarily reject the Referral.