Constitutional Court

The Applicant filed the Referral based on Article 113,7, in conjunction with Article 21,4 of the Constitution, claiming that the SCSC Appellate Panel Decision no, AC-II-12-0008 of 23 May 2013, rejecting the PAK complaint as inadmissible, and the Judgment of the Municipal Court in Prishtina C,no,503/2005 of 5 November 2007 contains the following violations: i) Violation of constitutionality and legality, as provided upon by Chapter VII, Article 102, paragraph 3, of the Constitution of the Republic of Kosovo, thereby providing that the courts shall adjudicate upon Constitution and law, ii) Violation of the European Convention on Human Rights (ECHR), Article 6, providing on fair and impartial trial; and the PAK expresses its view that the SCSC Appellate Panel has rendered its Decision no, AC-II-12-0008 in violation of Article 102, paragraph 3, based on the fact that the legal reasoning is not based on legal arguments, and reasoning is not sufficient and convincing, This fact can be proven by relevant evidence, which prove to the contrary of what was stated by the Appellate Panel, that the PAK complaint was filed after the set deadline, and as such, it must be rejected as inadmissible, In this case, The Applicant submitted the Referral on 24 October 2013, in one of the branches of the Post of Kosovo, and the Court received the same on 28 October 2013, In this case, the date of submission of the Referral shall be deemed to be 24 October 2013, the date when the Referral was submitted to the Branch office of Post of Kosovo, The Referral does not meet procedural criteria for admissibility, due to submitting the same out of the time limit provided by the Law and the Rules of Procedure, The Applicant also requested from the Court to impose interim measures, However, since the Applicant’s Referral is rejected as inadmissible for procedural reasons, then the request for interim measures can no longer be subject of review and, therefore, the request for interim measure is rejected