Shkarko - Gjykata Kushtetuese

• JUDGMENT in Case No. KI-39/09, Applicant Avni Kumnova, Constitutional Review
of the Decision of the Supreme Court of Kosovo No. 142/07, dated 27 May 2009.
2. Filing of Referrals
The Constitution of Kosovo and the Law on the Constitutional Court of Kosovo provide the
jurisdiction for authorized parties to submit a Referral to the Constitutional Court.
The confidence of citizens in the Constitutional Court has increased considerably as a result
of efficient, effective and impartial work. 164 Referrals have been received this year 2011.
The total number means approximately 13.8 referrals per month and it marks an increase of
24.55% in relation to the previous year of 2010.
The structure of filed Referrals is as follows:
- 148 individual Referrals (from natural persons) or 90.24%; and
- 16 Referrals from legal persons (Government, Courts, political entities, private
companies, trade unions and religious organizations) or 9.76%.
3. Allocation of Referrals
Pursuant to Article 22 of the Law on the Constitutional Court, DCRSA has processed all
Referrals that have been submitted under Article 113 of the Constitution.
The allocation of Referrals to Judge Rapporteurs was done in accordance with Rules 8 and
34 of the Rules of Procedure of the Court.. An exception to this rule is the assignment of
Referrals for the imposition of interim measures, which have been processed pursuant to
Rule 55 of the Rules of Procedure of the Constitutional Court, and of cases where a conflict
of interest, pursuant to Article 18 of the Law on Court and Rule 7 of the Rules of Procedure.
4. Access and trust of the public to the work of the Court
All citizens of Kosovo, irrespective of their ethnicity or religion, have equal access to the
Constitutional Court.
Individual’s access is indicated as follows:
- 139 Referrals from Albanians, or 84.76%;
- 5 Referrals from Serbs, or 3.05%;
- 2 Referrals from Bosnians, or 1.22%;
- 1 Referral from Roma, or 0.61%;
- 1 Referral from others, or 0.61%.
16 Referrals were filed by legal persons, or 9.76%.
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