- The Constitutional Court
KI157/20, Applicant: Naser Peci as the alleged representative of the person S.B,
Constitutional review of Decision of the Court of Appeals of Kosovo,
KI157/20, Decision of 17 December 2020 published on 24 December 2020
Keywords: individual rejection, decision on rejection
The Applicant, in this case the alleged representative of the person S.B., challenges before the Constitutional Court a Decision of the Court of Appeals. The alleged representative stated before the Court that the challenged Decision was issued in violation of the fundamental rights and freedoms of the person S.B. guaranteed by the Constitution.
The court sent a letter to the person S.B. notifying him as well as his alleged representative about the registration the Referral, and seeking clarification as to whether (i) the person S.B. is representing himself before the Court, or (ii) he is being represented by the alleged representative [lawyer Naser Peci].
The Court did not receive a response within the prescribed deadline, either from the person S.B. or the alleged representative. Consequently, the Court found that the Applicant’s Referral does not meet the procedural criteria for further examination, as it is incomplete, as stipulated in paragraph (5) of Rule 35 of the Rules of Procedure, and consequently decided to summarily reject the Referral.
Naser Peci as the alleged representative of the person S. B.
KI – Individual Referral
Referral is ratione materiae outside jurisdiction of the Court
Decision to reject the referral