Constitutional Court

KI92/20, Applicant: Milomirka Tamburić, Constitutional Review of unspecified act of public authorities

KI92/20, Decision to Reject the Referral, of 25 March 2021, published on 7 April  2021

Key words: individual referral, protection of property, incomplete and unclear referral, decision to summarily reject the referral

The Applicant challenged before the Constitutional Court an unspecified act of a public authority, claiming that her rights and the rights of her representative have been violated by some individuals and public authorities of the Republic of Kosovo. Based on the essence of the complaints, it is understood that the Referral concerns property rights, which are guaranteed by Article 46 of the Constitution.

In the circumstances of this case, the Court noted that the Referral of the Applicant was unclear and incomplete, therefore on 26 June 2020, it had requested from the Applicant to complete the form of the Referral and to clarify the latter by attaching relevant supporting documentation. On 21 July 2020, the representative of the Applicant submitted to the Court a letter, expressing repeated complaints against individuals and certain public authorities. However, and despite the request of the Court to supplement and clarify the Referral and to attach the relevant information and documentation, within 15 (fifteen) days from the day of receipt of the letter, it did not happen.

The Court recalled for the Applicant that the burden of constructing, clarifying and supplementing the Referral falls on the Applicants, who have a direct interest so that their allegations and claims can be effectively addressed by the Court. In cases where the Applicants do not respond to the Court’s request for clarification and supplementation of the Referral, the Court declares these Referrals vague and incomplete and as a result, does not examine the Applicant’s allegations (see cases of the Court, KI89/18, Applicant Agim Jashari, Decision to Reject the Referral, of 27 November 2018, paragraph 29; KI74/18, Applicant Gëzim Murati, Decision to Reject the Referral, of 3 December 2018, paragraph 26; KI78/20, KI79/20 and KI80/20, Applicants Hilmi Aliu dhe others, Decision to Reject the Referral, of 11 November 2020, paragraph 33; and KI90/20, Applicant Arben Boletini, Decision to Reject the Referral, of 25 November 2020, paragraph 25).

In Sum, the Court concluded that the Referral of the Applicant does not meet the formal criteria for further review because it is incomplete and unclear. Therefore, the Court, in accordance with the Article 22.4 and 48 of the Law and Rule 32 (2) (h) and Rule 35 (5) of the Rules of Procedure, concluded that the Referral is to be summarily rejected.