Constitutional Court

KI137-18, Applicant: Selim Leka, Constitutional review of Judgment Rev. No. 32/2018, of the Supreme Court of 27 February 2018

KI137-18, Resolution on Inadmissibility of 12 December 2018, published on 22 January 2019 

Keywords: individual referral, out of time

The Applicant requested constitutional review of the Judgment of the Supreme Court of 27 February 2018, which rejected his request for revision of Judgment Ac. No. 3137/2016 of the Court of Appeals of 26 October 2017.

In his Referral, the Applicant stated that the challenged judgment was served on him on 12 April 2018.

In this regard, the Court, taking into account the date of the service of the challenged Judgment Rev. No. 32/2018 of the Supreme Court, which according to the Applicant’s allegations is 12 April 2018, as well as the date when the Applicant submitted the Referral to the Court, which is 14 September 2018, concludes that the Applicant filed the Referral with the Court out of the legal deadline of 4 (four) months.

It follows that the Applicant’s Referral is filed out of the time limit prescribed by Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure, and as such is inadmissible for further review.