- The Constitutional Court
KI135/20, Applicant: Hava Behxheti, Constitutional review of Judgment ARJ-UZVP.no. 122/2019 of the Supreme Court, of 18 November 2019
KI135/20 Resolution on Inadmissibility, of 10 December 2020, published on 31 December 2020
Keywords: individual referral, right to fair trial, manifestly ill-founded referral, inadmissible referral
The Applicant challenged before the Constitional, the constitutionality of the Judgment ARJ-UZVP. no. 122/2019 of the Supreme Court of the Republic of Kosovo, of 18 November 2019, alleging violation of her rights guaranteed by Articles: 3 and 24 [Equality before the Law], 22 [Direct Applicability of International Agreements and Instruments], 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 [Right to a fair trial] of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
In relation to the Applicant’s allegations for violation of the right to fair trial, namely the adjudication of the case within a reasonable time by the regular courts, the Court assessed that the Applicant does not sufficiently prove her allegation that the regular courts have unnecessarily delayed the resolution of the case for several years, based on the fact that the Applicant’s case was resolved in all three court instances within a time period of approximately 5 (five) years. As regards the other allegations of the Applicant, the Court found that the Applicant did not substantiate in what way have the rights guaranteed by Articles 3 and 24 [Equality before the Law] and Article 22 [Direct Application of Agreements and Instruments] been violated. International], but she relates the violations of these Articles to the violation of Article 31.2 [Right to Fair and Impartial Trial] of the Constitution in conjunction with Article 6.1 [Right to a fair trial] of the ECHR. The Court does not consider it necessary to treat these allegations separately, as long as the essence of the complaint relates to allegation for a violation of Article 31.2 of the Constitution, in conjunction with Article 6.1 of the ECHR, namely the right to a final decision within a reasonable time (see, the Constitutional Court case, KI127/15, Applicant: Mile Vasović, Resolution of 5 June 2017, paragraph 54).
In sum, the Court concluded that the Applicant’s Referral, must be declared manifestly ill-founded on constitutional basis, in its entirety, as established in paragraph (2) of Rule 39 of the Rules of Procedure.
KI – Individual Referral
Referral is manifestly ill-founded