- The Constitutional Court
KI78/20; KI79/2 and KI80/20. Applicant: Hilmi Aliu and others, Constitutional Review of unspecified decisions or acts of public authorities
KI78/20; KI79/2 and KI80/20, Decision to reject the referral, of 11 November 2020, published on 23 November 2020.
Key words: individual referral, incomplete referral, decision to reject the referral
The Applicant had not challenged any concrete act of any public authority and had not clarified exactly and clearly/incomprehensibly which fundamental rights and freedoms guaranteed by the Constitution he alleged to have been violated through any act of a public authority. He addressed to the Court few documents/claims which did not explain and specify his allegations for constitutional violation.
Taking into account the fact that the Referral of the Applicant was incomplete, the Court requested the Applicant, twice in a row, to: (i) complete the official referral form; (ii) specify the acts of the public authorities which he challenges; (iii) precisely clarify his allegations for violation of the rights guaranteed by the Constitution; (iv) submit copies of documents and other information supporting his allegations; and (v) clarify in what capacity he has submitted Referrals KI79/20 and KI80/20. The Applicant submitted some additional documents which did not address the requests of the letters of the Court.
Consequently, the Court found that the Referral of the Applicant does not meet the procedural requirements for further review, because it was not completed with supporting documentation, as required by Article 48 and 22.4, of the Law on the Constitutional Court and Rules 32 (2) (h) and 35 (5) of the Rules of Procedure of the Court, and decided to summarily rejected the Referral.
Hilmi Aliu and others
KI – Individual Referral
Decision to reject the referral