Constitutional Court

KI03/21, Applicant: Rrahim Ramadani, Constitutional review of Judgment AC-I-15-0211-A0001 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 3 September 2020

KI03/21, Decision to reject the referral, of 5 May 2021

Key words: individual referral, incomplete referral, decision to reject the referral

Based on the case files, it followed that the circumstances of the present case are related to a claim of the Applicant for compensation of a debt in the amount of 2.7000 Euros against N.SH. “19 Qershori” where the Applicant alleges that in 1989 he had paid for a commodity and never received it. The Applicant initially had addressed the PAK, which rejected his claim. He then addressed to the Specialized Panel a claim against the decision of the PAK and the Specialized Panel rejected the complaint as ungrounded reasoning that the claim was already statute-barred. After the appeal of the Applicant to the Appellate Panel, the latter rejected it and upheld the Judgment of the Specialized Panel.

The Applicant challenged before the Court the Judgment [AC-I-15-0211-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court, of 3 September 2020;

The Applicant has not specifically clarified before the Court what rights and freedoms guaranteed by the Constitution he claims to have been violated by the challenged decision.

Taking into account the fact that the Referral of the Applicant was not complete, the Court requested the Applicant to supplement his Referral by submitting to the Court i) the Judgment [DHPGJS,C-IV-13-1020]of the Specialized Panel of the Special Chamber of the Supreme Court, of 22 September 2015, and ii) clarify his Referral before the Court.

The Applicant did not respond to the request of the Court.

Therefore, the Court considered that the Referral of the Applicant does not meet the procedural requirements for further review, because it was not completed with supporting documentation, as required by Article 20 and 48, of the Law on the Constitutional Court and Rules 32 (2) (h) and 35 (5) of the Rules of Procedure of the Court, therefore it decided to summarily rejected the Referral.