Decision

Constitutional review of Decision CA.no.1802/2019 of the Court of Appeals, of 6 May 2019

Case No. KI 192/19

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Summary

KI192/19, Applicant: Naser Shala, Constitutional review of Decision CA.No. 1802/2019 of the Court of Appeal of Kosovo of 6 May 2019

KI192/19, Decision to Reject the Referral of 26 February 2020, published on 23 March 2020

Keywords: individual referral, constitutional review of the challenged decision of the Court of Appeals, the referral does not meet the procedural requirements for being considered, rejected referral.

The Referral is based on Article 113.7 of the Constitution, Article 47 of the Law on the Constitutional Court of the Republic of Kosovo No.03/L-121 and Rule 32 of the Rules of Procedure of the Constitutional Court.

The Applicant initiated a dispute concerning the disturbance of possession before the regular courts, culminating in the decision of the Court of Appeals which the Applicant is challenging before the Constitutional Court.

On two occasions, the Court attempted to contact the Applicant regarding the supplementing of the Referral, which was necessary in order to decide further on this Referral. However, in both cases, notification letters were returned to the Court, with a remark which stated that the Applicant did not live at the address provided in the Referral.

Consequently, the Court finds that the request in question is incomplete because the Applicant did not state his address accurately and did not provide the supporting documents required by the Court to prove his claims.

Accordingly, the Court concludes that the Referral does not meet the procedural requirements for further consideration as provided for by Rule 32, 35 of the Rules of Procedure.

Applicant:

Naser Shala

Type of Referral:

KI – Individual Referral

Type of act:

Decision

Decision to reject the referral

Type of procedure followed before other institutions :

Civil