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 Shoqëria 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, Zemanová 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)?
APPENDIX
No.
Application No.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
20702/18
23/04/2018
Shoqëria 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
Full & Egal Universal Law Academy