- The Constitutional Court
KI194/20, Applicant, Korab Shasivari, Constitutional review of Judgment Rev. No. 423/2019 of the Supreme Court of 10 June 2020
KI194/20, resolution on inadmissibility of 21 July 2021, published on 31 August 2021
Keywords: individual referral, unreasoned allegations
The Applicant submitted the Referral to the Court stating that his constitutional rights guaranteed by Article 31 [Right to Fair and Impartial Trial], Article 49 [Right to Work and Exercise Profession] and Article 55 [Limitations on Fundamental Rights and Freedoms] have been violated in the court proceedings which was conducted against him as a member of the Kosovo Customs Service by the Kosovo Customs, on suspicion of having committed a violation of „Code of Conduct Article 3.1 sub-item 1 and Article 15.3 sub-item 4.7; and sub-item 14.8, the actions punishable according to, Annex 1, category 1, point 5 and 13 category 2, point 9 of the Regulation on Disciplinary Procedures of the Customs Service as well as the violation of the work duties defined by the Code of Conduct for Customs Service officers…“
However, the Court could not deal with the constitutional grounds of the Applicant’s allegations because he did not explain in a single word how his constitutionally guaranteed rights were violated.
Therefore, the Court finds that the Applicant’s allegations of violation of Articles 3, 24, 31 and 54 of the Constitution are “unsubstantiated or unsupported allegations”, and, therefore, inadmissible as manifestly ill-founded on constitutional basis, as it is established in paragraph (2) of Rule 39 of the Rules of Procedure.
KI – Individual Referral
Referral is manifestly ill-founded