Constitutional Court

KI43/21, Applicant: N.T.P. Arta-Impex, Constitutional review of  Judgment E. Rev. No. 7/2019 of the Supreme Court of Kosovo, of 2 April 2019

KI43/21, Decision to reject the referral, adopted on 5 May 2021, published on 25 May 2021

Key words: individual referral, repetitive of a referral decided by the Court, decision to summarily reject the referral

Before submitting the present Referral to the Court, on 20 May 2019, the Applicant had submitted a referral to the Court, registered under number KI79/19, whereby he had challenged the Judgment [E. Rev. nr. 7/2019] of 2 April 2019 of the Supreme Court. In its Referral, the Applicant had alleged that the challenged Judgment of the Supreme Court was rendered in violation of its right, guaranteed by Article 31 of the Constitution, in conjunction with Article 6 of the ECHR because, according to him, the Supreme Court (i) had erroneously interpreted the law; (ii) had not reasoned its judgment; (iii) the proceedings in their entirety were not in accordance with the right to an effective resolution of the case within a reasonable time, and (iv) that in its case there was also a decision-making contrary to a decision “res judicata”. On 1 July 2020, after examining all the allegations raised by the Applicant in its Referral KI79/19, through the Resolution on Inadmissibility, the Court declared the Referral of the Applicant inadmissible as manifestly ill-founded on constitutional grounds as defined in Article 47 of the Law and Rule 39 (2) of the Rules of Procedure. On 25 February 2021, the Applicant submitted a Referral to the Court, whereby he again challenged the Judgment [E. Rev. Nr. 7/2019] of 2 April 2019 of the Supreme Court, which was the subject matter of the constitutional review in its previous Referral KI79/19.

After reviewing the Referral, the Court found that the Applicant in his present Referral raises the same allegations and has submitted the same facts and evidence as in his previous Referral, registered in the Court under No. KI79/19, for which request the Court had decided that it is inadmissible as manifestly ill-founded on constitutional grounds. Consequently, the Court concluded that the Referral of the Applicant is repetitive of Referral KI79/19, already decided by the Court, and pursuant to Rule 35 (5) of the Rules of Procedure, summarily rejected it.