Constitutional Court

KI53/18, Applicant, Hajri Ramadani, Request for constitutional review of Judgment PML No. 181/2016 of the Supreme Court of Kosovo, of 13 February 2017 

KI53/18, Resolution on inadmissibility, of 5 November 2018, published on xxxx

Keywords: Individual referral, right to fair and impartial trial, equality before the law, out of time

The Supreme Court of Kosovo, by its Judgment, rejected as ungrounded the request for protection of legality, filed by the Applicant, against the Decision of the Court of Appeals of Kosovo.

The Applicant alleged in essence before the Constitutional Court that the lower instance courts acting on the matter were partial, politically influenced and did not decide based on the established facts, but based on the assumptions. The Applicant claimed that he was served with the challenged decision on 8 December 2017, but did not substantiate this allegation by any evidence, acknowledgment of receipt or a written document.

The Basic Court notified the Constitutional Court that after two unsuccessful attempts to submit by mail service Judgment PML. No. 181/2016 of 13 February 2017, it announced in the notice board of the Basic Court and kept the same in the notice board of the Basic Court until 19 March 2017.

The Court considered that the Applicant received the challenged decision on 19 March 2017.

The Court found that the Referral is inadmissible because the admissibility requirements laid down in Article 113.7 of the Constitution, Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure have not been met. The Referral was declared inadmissible, as out of time.