Constitutional Court

KI13/21, Applicant: Bleon Jerlija, Constitutional review of unspecified Decision of the Central Election Commission

KI13/21, Decision to reject the referral, of 26 March 2021

Keywords: Individual referral, incomplete referral, decision to reject referral

The Applicant did not specify before the Court what Decision of the Central Election Commission he is challenging before the Court.

From the case file it resulted that the Applicant is a person living outside Kosovo, and who in the Parliamentary Elections, scheduled for 14 February 2021, requested to vote by mail.

The Applicant before the Court alleged that by an unspecified decision of the Central Election Commission his rights protected by Article 24 [Equality Before the Law] and Article 45 [Freedom of Election and Participation] of the Constitution have been violated

Taking into account the fact that the Applicant’s Referral was not complete, the Court requested the Applicant to complete his Referral, by: a) specifying the acts of the public authorities which he challenges; b) accurately clarify his allegations of violation of the rights guaranteed by the Constitution; and c) submit copies of documents and other information supporting his allegations. The Applicant did not respond to the request of the Court.

Therefore, the Court considered that the Applicant’s Referral does not meet the procedural criteria for further review, because it is incomplete with supporting documentation, as required by Articles 20 and 48 of the Law on the Constitutional Court and Rules 32 (2) (h) and 35 (5) of the Rules of Procedure of the Court, therefore it decided to summarily reject the Referral.