Communicated on 24 January 2018

SECOND SECTION

Application no. 73274/17 Pëllumb ÇELA against Albania lodged on 9 October 2017

SUBJECT MATTER OF THE CASE

The applicant complains under Article 6 § 1 about the lack of access to court.

The last decision in the applicant ’ s domestic civil proceedings was issued on 11 November 2016, after which the applicant had a two-year time limit to lodge a constitutional appeal. On 1 March 2017 new legislation was adopted providing for a four-month time-limit instead. On 2 June 2017 the applicant lodged a constitutional appeal, which was rejected by the Constitutional Court as having been lodged out of the four-month time limit.

QUESTION tO THE PARTIES

1. 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 have entered into force only on 1 March 2017 (see for example, Shkalla v. Albania , no. 26866/05, §§ 48-54, 10 May 2011 ?