Constitutional Court

KI143/17, Applicants: Nybyvet Bytyqi and others, Constitutional review of Judgment Ac.nr.2926/13 of the Court of Appeals of Kosovo of 20 February 2017

KI143/17, Resolution on Inadmissibility approved on 20 April 2018, published on 31 May 2018

Keywords: Individual referral, the right to use native language, the right to protection of property, four-month legal deadline, inadmissible referral.

In the case at issue, the Applicants complained that courts of general jurisdiction infringed upon their rights to use native language, and consequently, their right to protection of property.

The Court noted that the onus is on the Applicants to meet all procedural requirements before having their allegations on protection of property and use of native language-considered in substance. In that respect, the Court found that it is estopped to consider the allegations on protection of property and use of native language submitted by the Applicants, due to them failing to meet the four month deadline provided for by Article 49 of the Law.

The Court held that the referral, on a constitutional basis, is out of time and must be declared inadmissible as established by Article 113 (1) and (7) of the Constitution, provided for by Article 49 of the Law and as further specified by Rule 36 (1) (c) of the Rules of Procedure.