Decision

Constitutional review of Decision Ac.no.3072/18 of the Court of Appeals of Kosovo, of 25 February 2019

Case No. KI 44/19

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Summary

KI44/19, Ymer Kubati, Constitutional Review of Decision of the Court of Appeals of Kosovo, Ac. no. 3072/18, of 25 February 2019

KI44/19, Decision to Reject the Referral, of 4 September 2019, published on 26 September 2019

Keywords: Individual referral, incomplete referral, decision on rejection 

The Applicant submitted a Referral to the Constitutional Court, alleging that the Basic Court by Decision [PPP.no.183 / 2017] of 14 September 2017, rejecting the Applicant’s objection to the Order of Private Enforcement Agent [P.nr.770/2017], has decided contrary to the law. He states that the debt that he was charged by the waste company “Ekoregjioni” from 2002 to 2017 is not based upon any contract signed by the Applicant; it was charged without valid invoices and the said debt is prescribed under applicable law.

Given the fact that the Applicant’s Referral was not supplemented, the Court requested the Applicant to: a) complete the Court Referral Form; b) specify precisely the acts of the public authorities against which he is complaining; and c) to clarify his complaints in accordance with the Constitution.

In response to the Court’s request, the Applicant, despite having submitted the Court’s Referral Form and specifying judicial decisions in his case, failed to specify the constitutional rights which he claims to have been violated by the public authorities and did not clarify his complaints according to the Constitution.

Consequently, the Court considered that the Applicant’s Referral did not meet the procedural criteria for further examination, due to having not been supported with information and documentation, as required by Article 48 of the Law on the Constitutional Court and Rule 32 (2) (e) and (g) of the Rules of Procedure of the Court, hence, pursuant to Article 113.7 of the Constitution, Article 48 of the Law, and Rule 35 (5) of the Rules of Procedure, the Referral is rejected by a summary procedure.

Applicant:

Ymer Kubati

Type of Referral:

KI – Individual Referral

Type of act:

Decision

Type of procedure followed before other institutions :

Civil