Published on 9 October 2023

THIRD SECTION

Application no. 33097/18 Hatixhe BAJRAMI against Albania lodged on 9 July 2018 communicated on 22 September 2023

SUBJECT MATTER OF THE CASE

The application concerns a hearing in civil proceedings before the Tirana Appeal Court in the absence of the applicant who had not been personally notified of the hearing, and dismissal of the applicant’s constitutional complaint due to allegedly unforeseeable application of new four-month time-limit, depriving the applicant of right of access to the Constitutional Court, contrary to the guarantees under Article 6 § 1 of the Convention.

QUESTIONS TO THE PARTIES

1. What are the procedural rules for the notification of proceedings before the Tirana Appeal Court? How were those rules applied in the instant case? Has there been a violation of Article 6 § 1 of the Convention in that regard (see Gankin and Others v. Russia , nos. 2430/06 and 3 others, §§ 28 and 35, 31 May 2016; and Aždajić v. Slovenia , no. 71872/12, §§ 53-72, 8 October 2015)?

2. Did the Constitutional Court’s decision, rejecting the applicant’s constitutional complaint as being lodged out of time violate the applicant’s right of access to a court as guaranteed by Article 6 § 1 of the Convention (see Çela v. Albania , no. 73274/17, §§ 20-41, 29 November 2022)?