Constitutional Court

KI 39/21, Applicant Abdullah Marmullaku, Constitutional review of Judgment A. No. 3271/2006 of the Supreme Court, of 8 October 2008  

KI 39/21, Resolution on Inadmissibility of 10 September 2021, published on 18 October 2021

Keywords: individual referral, out of time

The Applicant filed the Referral with the Court, in which he requested the constitutional review of Decision No. 07-354-859of the Cadastre Service. However, the Court found from the case file that the abovementioned Decision No. 07-354-859, was already subject to a certain review in which the courts dealt with the issue of its legality, and that the procedural way in relation to that decision ended with Judgment A. No. 3271/2006 of the Supreme Court of 8 October 2008.

Based on this, it follows that it is precisely this judgment of the Supreme Court the final decision rendered as a result of an “effective legal remedy” in the present case.

The Court, having regard to these facts of the present case, namely that Judgment A. No. 3271/2006 of the Supreme Court of 8 October 2008, and that the Applicant submitted the Referral to the Court on 23 February 2021, concludes that the Applicant’s Referral was filed out of the 4 month time limit established in Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure.