Constitutional Court

KI57/20, Applicant: Dile (Palushi) Bala, Constitutional review of several decisions of regular courts

KI57/20 Decision to reject the Referral of 25 March 2021, published on 7 April 2021

Keywords: individual referral, incomplete referral, decision to summarily reject the referral

The Applicant at the Constitutional Court has challenged the constitutionality of several decisions of the regular courts, alleging violations of her rights guaranteed by Article 31 [Right to a Fair and Impartial Trial] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo and Article 6 [Right to a fair trial] of the European Convention on Human Rights. In the circumstances of this case, the Court noted that the Applicant’s Referral was incomplete, therefore on 27 May and 15 December 2020, it requested from the Applicant to complete the Referral Form by attaching the supporting documentation. On 29 December 2020, the Applicant’s authorized representative had submitted to the Court, only the power of attorney signed by the Applicant as evidence of her representation, however none of the decisions mentioned in the Referral were attached to the Referral.

In this context, the Court considered that the burden of responsibility for the failure to complete the Referral with supporting documentation falls on the Applicant and her authorized representative. In sum, the Court concluded that the Applicant’s Referral did not meet the formal criteria for further consideration, due to its incompletion with supporting documentation. Therefore, the Court, pursuant to Article 22.4 of the Law, Rule 32 (2) (h) and Rule 35 (5) of the Rules of Procedure, decides that the Applicant’s Referral be rejected summarily.