Constitutional Court

KI04/21, Applicant:  Nexhmije Makolli; Constitutional review of Decision Rev. No. 440/2020 of the Supreme Court of Kosovo of 24 November 2020

KI04/21, Resolution on inadmissibility of 13 April 2021, published on 12 May 2021

Keywords: individual referral, manifestly ill-founded referral, inadmissible referral

The Basic Court scheduled a preparatory hearing to which the parties were duly summoned. The Applicant was absent from the hearing without any notice and as a result, the Basic Court, in accordance with Article 409, paragraph 1 of the LCP, assessed the Applicant’s lawsuit as withdrawn.

The regular courts rejected the Applicant’s lawsuit. The reasons for rejecting the Applicant’s appeal were based by the regular courts, and in particular by the Supreme Court, on the relevant provisions of the LCP which it considered relevant to the circumstances of this case and the substantive allegations raised by the Applicant.

The Court noted that the rejection of the request by the Basic Court was directly related to the failure of the Applicant to respond in accordance with Article 409, paragraph 1 and Article 423, paragraph 3 of the LCP.

The Court found that the Applicant’s allegations of violation of a large number of articles of the Constitution and the ECHR, should be declared inadmissible, as manifestly ill-founded, as these allegations qualify as „unsupported or unsubstantiated“ allegations, because the Applicant only cited one or more provisions of the Convention or the Constitution, without explaining how they have been violated.

Therefore, the Court declared the Referral as manifestly ill-founded on constitutional basis, as established in paragraph (2) of Rule 39 of the Rules of Procedure.