Constitutional Court

KI173/18, Applicant: Nijazi Pasoma, constitutional review of Decision Ac. No. 1614/2016 of the Court of Appeals of 27 July 2018

 KI173/18 Resolution on Inadmissibility, adopted on 6 June 2019, published on 25 July 2019

Keywords: individual referral, enforcement procedure, equality before the law, right to a fair trial, protection of property, manifestly ill-founded referral, inadmissible referral

The Applicant challenged before the Court the constitutionality of Decision Ac. No. 1614/2016 of the Court of Appeals, of 27 July 2018, alleging violation of his rights guaranteed by Articles: 24 [Equality Before the Law], 31 [Right for Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution. The Applicant specifically alleged that the competent authorities did not respect the procedure in the order of the debtors, namely under Article 39 of the Law on the Enforcement Procedure, Law No. 04/L-139 and that other debtors were privileged and their property was not seized, by alluding to the fact that the latter had sufficient collateral pledged to settle the obligation.

The Court, after assessing the case in its entirety, concluded that the Applicant’s Referral was to be declared manifestly ill-founded, on constitutional basis, because the arguments raised in the Referral did not in any way justify his allegations of violation of Articles 24, 31 and 46 of the Constitution. Therefore, the Court concluded that the Referral was manifestly ill-founded on constitutional basis and, in accordance with Rule 39 (2) of the Rules of Procedure, it should be declared inadmissible.