Decision

Constitutional review of Decision Ac. No. 5107/18 of the Court of Appeals of 8 March 2019

Case No. KI 03/20

Applicant: Lorenc Kolgjeraj

Download:

KI 03/20, Applicant: Lorenc Kolgjeraj, Constitutional review of Decision Ac. No. 5107/18 of the Court of Appeals of 8 March 2019

KI 03/20, decision to reject referral of 11 November 2020, published on 1 December 2020

Keywords: individual referral, summarily rejection of the referral  

The Applicant addresses the Court for the third time in cases KI74/17, KI70/19 and KI03/20 with the same request for constitutional review of Decision Ac. No. 5107/18 of the Court of Appeals of 8 March 2019, namely, the execution procedure initiated for the purpose of settling the Applicant’s debts.

In order for the Court to consider a referral which relates to the same facts as a previous referral, the Applicant must indeed provide new information which have not previously been considered by the Court. In this respect, the Court recalls that its decisions are final and binding on the judiciary, all persons and institutions of the Republic of Kosovo.

The Court concluded that the Applicant’s Referral is in fact a request for the reopening of previous proceedings already decided by the Court. Therefore, and in accordance with Rule 35 (5) of the Rules of Procedure, Referral No. KI03/20 is summarily rejected.

Applicant:

Lorenc Kolgjeraj

Type of Referral:

KI – Individual Referral

Type of act:

Decision

No violation of constitutional rights

Type of procedure followed before other institutions :

Civil