Constitutional Court

KI93/20, Applicant: Tush Kolgjeraj, constitutional review of Decision PN. No. 825/17 of the Court of Appeals of 6 October 2017

KI93/20, decision to reject the referral of 14 October 2020, published on 12 November 2020

Keywords: individual referral, summarily procedure  

The Applicant addresses the Court for the third time, namely in cases KI127/18, KI201/19 and KI93/20 with the same request for constitutional review of Decision PN. No. 825/17 of the Court of Appeals of 6 October 2017.

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 has 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 repetition of an earlier procedure for which the Court has already decided. Therefore, in accordance with Rule 35 (5) of the Rules of Procedure, the Referral no. KI201/19  is summarily rejected.