Published on 16 September 2024
THIRD SECTION
Application no. 55595/17
Hasan ZELA
against Albania
lodged on 28 July 2017
communicated on 28 August 2024
SUBJECT MATTER OF THE CASE
On 26 December 2012 the Tirana District Court dismissed the applicant’s civil claim concerning his father’s property, on the grounds that it was unfounded. On 24 October 2013 and 11 July 2014, that decision was upheld by the Court of Appeal and the Supreme Court, respectively.
On 30 September 2015, the Constitutional Court, in a formation of eight out of nine judges, dismissed without prejudice the applicant’s constitutional complaint as a result of a tied vote. The applicant was informed of the possibility, under section 74 of the Constitutional Court Act, to lodge a fresh complaint at a later time.
On 15 November 2016 the Constitutional Court dismissed the applicant’s second constitutional complaint on the grounds of it being submitted outside the two years’ time limit.
Relying on Article 6 § 1 of the Convention the applicant complained that his right of access to the Constitutional Court, as well as his right to a reasoned decision by the Supreme Court were violated.
QUESTIONS TO THE PARTIES
Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular,
(a) Has there been a violation of the applicant’s right of access to a court on account of the dismissal of his second constitutional complaint? In particular, was the Constitutional Court’s interpretation of the applicable time-limits justified in the circumstances of the case (see, mutatis mutandis, Shkalla v. Albania, no. 26866/05, §§ 48-51, 10 May 2011, and Hasan Tunç and Others v. Turkey, no. 19074/05, §§ 32-33, 31 January 2017)?
(b) Was the decision of the Supreme Court sufficiently reasoned (see Zayidov v. Azerbaijan (no. 2), no. 5386/10, § 91, 24 March 2022)? Did it carry out a substantive examination of the legal grounds relied on in the applicant’s appeal on points of law (see Pişkin v. Turkey, no. 33399/18, §§ 149-51, 15 December 2020)?