Resolution

Constitutional review of Decision C. No. 239/2017 of the Basic Court in Peja – Branch in Klina of 6 September 2018

Case No. KI 09/19

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Summary

KI09/19  Applicant: Leutrim Hajdari, who requests constitutional review of  Decision C. No. 239/2017 of the Basic Court in Peja, Branch in Klina of 6 September 2018 

KI09/19, resolution on inadmissibility of 5 February 2020, published on 18 March 2020 

Keywords; individual referral, constitutional review of Decision of the Basic Court in Peja, Branch in Klina, manifestly ill-founded, premature.

The Applicant filed the Referral in accordance with Article 113.7 of the Constitution, Articles 22 and 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 32 of the Rules of Procedure of the Constitutional Court.

On 18 July 2017, the Applicant filed a lawsuit for dissolution of marriage with the Basic Court in Peja, Branch in Klina.

After several hearings, the Basic Court in Peja, Branch in Klina, by decision interrupted the proceedings until the preliminary question regarding the recognition of the judgment of the Republic of Albania is resolved.

The Applicant filed appeal with the Court of Appeals against the decision of the Basic Court in Peja, Branch in Klina.

On 29 September 2019, the Court of Appeals approved, as grounded, the Applicant’s appeal, quashed the decision of the Basic Court in Peja, Branch in Klina and remanded the case to the latter for retrial.

The Court notes that, having been notified about the contents of the decision of the Basic Court, the Applicant filed appeal with the Court of Appeals, which on 29 September 2019 upheld as grounded the appeal, annulled the decision of the Basic Court and remanded it to the latter for retrial. Therefore, it follows that the proceedings before the Basic Court in Peja – Branch in Klina, are still pending.

Therefore, for the aforementioned reasons, the Court finds that the referral does not meet the admissibility requirements, because the Applicant has not exhausted the legal remedies under Article 113.7 of the Constitution, Article 47 of the Law and Rule 39 (1) (b) of the Rules of Procedure, and as such, the Referral is to be declared inadmissible.

Applicant:

Leutrim Hajdari

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil