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ZAJMI v. ALBANIA

Doc ref: 83907/17 • ECHR ID: 001-184559

Document date: June 12, 2018

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ZAJMI v. ALBANIA

Doc ref: 83907/17 • ECHR ID: 001-184559

Document date: June 12, 2018

Cited paragraphs only

Communicated on 12 June 2018

SECOND SECTION

Application no. 83907/17 Çetina ZAJMI against Albania lodged on 12 December 2017

SUBJECT MATTER OF the CASE

The applicant complains under Article 6 § 1 about the arbitrary refusal of the Constitutional Court to consider her constitutional complaint . The Supreme Court ’ s decision was issued on 25 May 2015. At that time, the applicant had a two-year limit to lodge a constitutional appeal. The new law providing a four-month limit for a constitutional complaint entered into force on 1 March 2017. On 26 February 2017 the applicant lodged a constitutional appeal, which was rejected by the Constitutional Court as having been lodged out of time.

QUESTION tO THE PARTIES

1. Was the applicant ’ s right of access to court, guaranteed by Article 6 § 1 of the Convention, respected in view of the Constitutional Court ’ s finding that her constitutional appeal was lodged outside the new statutory time-limit (see, for example, Shkalla v. Albania , no. 26866/05, §§ 48-54, 10 May 2011, and Zvolská v. the Czech Republic , no. 46129/99, § 51, ECHR 2002 IX)?

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