- The Constitutional Court
Case no. KI22 / 21, Applicant: Hasime Daka, Constitutional Review of the Decision of the Supreme Court of Kosovo, AA.nr. 5/2021, and 29 January 2021
Keywords: individual referral, freedom of election and participation, passive suffrage, Decision on Rejection
The subject matter of the case is the constitutional review of the challenged Decision, which allegedly has violated the Applicant’s rights guaranteed by Article 24 [Equality before the Law] and 45 [Freedom of Election and Participation] of the Constitution.
In examining whether the Referral has fulfilled the admissibility criteria established in the Constitution, the Law and the Rules of Procedure, with respect to the Applicant, the Court notes that it has twice addressed the Applicant with a request for clarification as to whether she has submitted the request in an individual capacity, only, or as a representative of the Political Entity NISMA. Consequently, even though on 9 February 2021, the Applicant had submitted a power of attorney which did not provide the additional clarifications sought by the Court, whilst in the second request of the Court sent to the Applicant seeking clarification about the scope of the submitted power of attorney, she did not respond at all to this specific request of the Court.
The Court recalls that the burden of building, clarifying and supplementing the Referral falls on the applicants, who have a direct interest to have their claims and allegations effectively addressed by the Court. In cases when the applicants do not respond to the requests of the Court for clarification and supplementation of the Referral, the Court summarily rejects these referrals.
Therefore, the Court, pursuant to Article 22.4 of the Law, Rule 35 (5) of the Rules of Procedure, concludes that the Applicant’s Referral must be summarily rejected.
KI – Individual Referral