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Resolution

Constitutional review of Decision Rev. No. 76/2017 of the Supreme Court of Kosovo of 3 May 2017

Case No. KI 27/18

Applicant: Sinan Thaqi dhe Hasan Thaqi

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KI27/18, Applicants: Sinan Thaqi and Hasan Thaqi, Constitutional review of Decision Rev. No. 76/2017 of the Supreme Court of Kosovo of 3 May 2017

 KI27/18, Resolution on Inadmissibility, adopted on 22 November 2018, published on 27.12.2018

Key words: individual referral, legal deadline, civil procedure, inadmissible referral

The Applicants alleged that the decisions of the regular courts violated their rights guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution.

After considering the content of the Referral, the Court noted that it could not review the allegations of a fair court trial and protection of property filed by the Applicants, due to non-fulfillment of the 4 (four) month deadline established in Article 49 of the Law. Therefore, the Applicants’ Referral was declared inadmissible because it was submitted out of the four (4) month legal deadline.

Applicant:

Sinan Thaqi dhe Hasan Thaqi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Type of procedure followed before other institutions :

Civil

The Constitutional Court of Kosovo was established in January 2009.

With its authority to review legislation and individual complaints of rights violations, the Court is the ultimate check on legislative and executive power in Kosovo and the final arbiter of the meaning of constitutional provisions enshrining human rights and freedoms.

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