Constitutional Court

KI64/21, Applicant: Ali Gjonbalaj, Constitutional review of Judgment Ac.no. 1848/17 of the Court of Appeals, of 11 August 2020

KI64/21, resolution of 29 July 2021, published on 31 August 2021

Keywords: individual referral, out of time referral

The Applicant had initiated a dispute at the regular courts in relation to a parcel and a wall. He requested that the relevant person (ii) hands over to him for unhindered use the area of ​​24 m2, part of the cadastral parcel; (ii) completely demolishes the wall built in the length of 8.94 m, the width of 25 cm and height of 2m; and (iii) refrains from any inconvenience.

The Basic Court decided to reject the Applicant’s statement of claim as unfounded, and this position was upheld also by the Court of Appeals. The Applicant also submitted a proposal for initiation of a request for protection of legality to the Office of the Chief State Prosecutor, but the latter found that the Applicant’s proposal is not to be approved.

The Applicant alleges before the Constitutional Court a violation of his right to a fair and impartial trial by challenging the standpoints of the Court of Appeals and the factual situation determined by the latter.

The Court, based on the fact that the Applicant (i) explicitly challenges the Judgment of the Court of Appeals, and (ii) does not present specific claims relating to the reasons given by the Notification of the Office of the Chief State Prosecutor and how the Notification of the latter for not filing a request for protection of legality to the Supreme Court had infringed the constitutional rights of the Applicant, finds that the Applicant’s Referral in relation to the Judgment  [no.1848 / 17] of the Court of Appeals, of 2 October 2020, was submitted after the legal deadline of 4 (four) months.

Consequently, the Court found that the Referral was not submitted within the legal deadline established in Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure. Finally, the Court finds that the Referral is inadmissible on constitutional basis.