Communicated on 15 November 2018

SECOND SECTION

Application no. 20702/18 Shoqëria Supergrav Albania Shpk against Albania and 2 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The legal problem in the instant cases is the applicants ’ inability to access the Constitutional Court on account of the dismissal of their constitutional claim for being lodged out of time, which issue falls to be examined under Article 6 § 1 of the Convention.

QUESTIONS IN RESPECT OF INDIVIDUAL APPLICATIONS

A. Application no. 20702/18 Shoq ë ria Supergrav Albania Shpk v. Albania

Did the Constitutional Court ’ s decision of 8 November 2017 rejecting the applicant company ’ s claim as statute-barred give rise to a violation of the right of access to a court as guaranteed by Article 6 § 1 of the Convention? In particular, when does the four-month statutory time limit start to run when a constitutional appeal is lodged with the Constitutional Court (see, for example, Worm v. Austria , 29 August 1997, §33, Reports of Judgments and Decisions 1997 V)?

B. Application no. 34926/18 Hoxha v. Albania

Has there been a violation of the applicant ’ s right of access to court, guaranteed by Article 6 § 1 of the Convention, as a result of the Constitutional Court ’ s finding that her constitutional appeal was lodged outside the statutory time limit (see, for example, Z emanová v. the Czech Republic , no. 6019/03, §§ 20-22, 13 December 2005)?

C. Application no. 34712/18 Haka v. Albania

Has there been a violation of the applicant ’ s right of access to the Court within the meaning of Article 6 § 1 of the Convention on account of the Constitutional Court ’ s dismissal of his constitutional claim for being lodged out of time? In particular was the Constitutional Court ’ s approach in interpreting the new procedural rules relating to time-limits excessively formalistic given the fact that the new amendments entered into force only on 1 March 2017 (see, mutatis mutandis , Shkalla v. Albania , no. 26866/05, §§ 48-54, 10 May 2011, and Zvolská v. the Czech Republic , no. 46129/99, § 51, ECHR 2002 IX)?

A PPENDIX

No.

Application No.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

20702/18

23/04/2018

Shoq ë ria Supergrav Albania Shpk

01/03/2006

Burrel

Dhimiter PRIFTI

34926/18

11/07/2018

Genita HOXHA

23/01/1984

Tirana

Gentian MUCAJ

34712/18

14/07/2018

Rabije HAKA

25/07/1981

Tirana

Self-represented