Constitutional Court

KI25/20, Applicant: Dashamir Uruçi, Constitutional review of Decision Rev. no. 367/2019  of the Supreme Court of Kosovo, of 10 December 2019

KI25/20, Resolution on Inadmissibility, of  14 October 2020, published on 16 November 2020

Keywords: individual referral, right to fair and impartial trial, out of time referral

The Applicant challenged before the Constitutional Court, the Decision Rev. no. 367/2019 of the Supreme Court of Kosovo, of 10 December 2019, whereby  the revision of the Applicant, filed against the Decision Ac.no. 3906/19 of the Court of Appeals, of 9 September 2019, was rejected as inadmissible.

The Court of Appeals, through the above-mentioned ruling, rejected as ungrounded the Applicant’s appeal filed against the Decision of the Basic Court in Prishtina and which concerned the Applicant’s proposal, for the acceptance and recognition of the decision of a foreign Court, respectively the Judgment [P.no.178/15] of the Basic Court in Ulqin, of 11 January 2017.

The Applicant alleged before the Court that the challenged decision was issued in violation of his fundamental rights and freedoms set forth in Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, as well as Article 5 and 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The Applicant in essence alleged before the Court that he was denied the right to legalize and have recognized the civil-legal court decision on a contract concluded between a citizen of Albania and a citizen of Kosovo. The Applicant alleges that the decisions of the regular courts are contradictory.

The Court found that the Applicant’s Referral was not filed within the legal deadline provided by Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure. Consequently, the Court found that the Applicant’s Referral was inadmissible because it was filed out of the prescribed legal deadline.