Constitutional Court

KI130/17, Applicants: Ndue and Simon Palushaj, Constitutional review of the actions and procedures of public authorities

KI130/17, Decision to Reject the Referral, approved on 14 March 2018, published on 19 April 2018

Key words: individual referral, civil procedure, criminal procedure, protection of property, summarily rejected, inadmissible referral

In fact, the Applicants did not contest any decision rendered by regular courts. They complained about the failure of the State Prosecutor’s Office and regular courts to take action to enable them to peacefully enjoy an immovable property (apartment) over which they alleged ownership.

In this case, the Court reiterated that the Referral did not meet the formal-procedural criteria for further review because it did not include the relevant supporting documentation. Therefore, pursuant to Rule 32 (5) of the Rules of Procedure, the Referral was summarily rejected.