Resolution

Bislim Kosumi vs. decision of the Municipal Court of Podujevo

Case No. KI 34/10

Summary

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his constitutional rights were infringed by three judgments of the Supreme Court, which affirmed decisions of lower courts rejecting the Applicant’s property ownership claims. The Applicant argued that the proceedings were terminated, but the judgment was unexecuted, The Court held that the Referral was incompatible ratione temporis with the Constitution and the Law, and therefore inadmissible pursuant to Articles 49, 56 and 58 of the Law because it relates to decisions issued between 1986 and 1988, and should have been submitted before 15 May 2009, which was 4 months after the Law became effective, citing Shefqet Haxhiu vs. Workers Organisation “Industria e akumulatorëve” and Blečić v. Croatia

Applicant:

Bislim Kosumi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is the Court doesn't have jurisdiction ratione temporis

Type of procedure followed before other institutions :

Civil