Published on 19 April 2021

THIRD SECTION

Application no. 4079/18 Fatos FASKO against Albania lodged on 16 January 2018 communicated on 1 April 2021

SUBJECT MATTER OF THE CASE

On 1 February 2017 the Supreme Court, after holding a public hearing, pronounced the operative provisions of a decision rejecting the applicant ’ s cassation appeal against his conviction. It transpires that the Supreme Court delivered its reasoned decision on 5 July 2017.

On 31 May 2017 the applicant lodged a constitutional appeal with the Constitutional Court, stating that it was impossible for him to append a copy of the Supreme Court ’ s reasoned decision as it had not yet become available.

On 7 July 2017 the Constitutional Court found that the appeal had been lodged within the statutory four-month time-limit which had started to run on 1 February 2017. However, the court declared it inadmissible as the applicant had failed to provide a written copy of the Supreme Court ’ s reasoned decision.

The applicant complains under Article 6 § 1 of the Convention about an alleged breach of his right of access to court on account of the Constitutional Court ’ s rejection of his constitutional appeal.

QUESTION TO THE PARTIES

Has there been a breach of the applicant ’ s right of access to court as guaranteed by Article 6 § 1 of the Convention on account of the Constitutional Court ’ s decision declaring his constitutional appeal inadmissible for failure to provide a copy of the Supreme Court ’ s reasoned decision (see Ivanova and Ivashova v. Russia, nos. 797/14 and 67755/14, §§ 52-57, 26 January 2017)? In this connection, when was the applicant effectively served with a copy of the Supreme Court ’ s reasoned decision?

The parties are invited to provide detailed information about ( i ) the applicable rules and procedure concerning the pronouncement - whether in private or at a public hearing - delivery and notification of Supreme Court ’ s decisions to the parties at the relevant time, and (ii) the Constitutional Court ’ s case-law regarding the calculation of the time-limit for filing a constitutional appeal against Supreme Court decisions at the relevant time .