Constitutional Court

KI72/19, Applicant: Amir Hamza, Constitutional review of unspecified decisions or acts of public authorities

KI72/19, Decision to reject the referral of 25 September 2019, published on …

Keywords: Individual referral, incomplete referral, decision to reject

The Applicant did not challenge any specific act of a public authority and did not accurately clarify what fundamental rights and freedoms guaranteed by the Constitution have allegedly been violated by an act of a public authority. He addressed the Court with a letter, alleging that he was insulted by his colleagues at the company in which he worked and that the management of the company did not take any action regarding this.

Taking into account that the Referral was not complete, the Court requested the Applicant to complete his Referral, by: a) specifying acts of public authorities which he challenges; b) accurately clarifying his allegations of a violation of fundamental rights and freedoms guaranteed by the Constitution; and c) submitting the copies of the documents and other information supporting his allegations. The Applicant responded to the Court’s request but after the deadline set by the Court, where he still failed to clarify and complete his Referral.

Therefore, the Court considers that the Applicant’s Referral does not meet the procedural criteria for further examination, because it was not supplemented with supporting documentation, as required by Article 22.4 of the Law on the Constitutional Court and Rules 32 (2) (e) (h) and 35 (5) of the Rules of Procedure of the Court, therefore, it decided that the Referral is to be summarily rejected. The Court also rejected the Applicant’s request for non-disclosure of identity.