Constitutional Court

KI63/20, Applicant: Ilir Zymberi, constitutional review of Judgment Ac. No. 4336/19 of the Court of Appeals of 6 February 2020

KI63/20, resolution on inadmissibility of 12 April 2021, published on 1 June 2021

Keywords: individual referral, constitutional review of the challenged judgment of the Court of Appeals, manifestly ill-founded

The Energy Corporation of Kosovo (hereinafter: KEK) filed a proposal against the Applicant for execution due to unpaid debts for consumed electrical energy.
The Applicant filed an objection against the execution order with the Basic Court in Gjakova, stating that the disputed debt became statute-barred.
This objection was considered by the regular courts concluding with the Court of Appeals, which found that the Applicant had not complied with the contract on the payment of the debt on the basis of which the debt was not statute-barred.

The Applicant alleged that the regular courts violated his constitutionally guaranteed rights under Article 31 [Right to Fair and Impartial Trial] of the Constitution in conjunction with Article 6 (Right to a fair trial) of the ECHR.

The Court found that the arguments raised in the Applicant’s Referral did not in any way justify the alleged violations of the constitutional rights invoked by the Applicant and he did not substantiate the allegations of violation of the rights protected by the Constitution and the Convention, therefore, the Court concluded that the Applicant’s allegations of violation of the rights guaranteed by Article 31 of the Constitution, these allegations of the Applicant qualify as allegations that fall into category (i) of “fourth instance” violations. Accordingly, the latter are manifestly ill-founded on constitutional basis, as established in paragraph (2) of Rule 39 of the Rules of Procedure.