Constitutional Court

KI184/18, Applicant: Ilir Gashi, Constitutional Review of Decision Ac.nr. 2783/18 of the Court of Appeal of Kosovo, of 18 September 2018

KI184/18, Resolution of Inadmissibility of 23 July 2019, published on 29 August 2019

Keywords: individual referral, enforcement procedure, right to fair and impartial trial, clearly ungrounded referral.

The Applicant alleged that the conclusion of the Municipality of Mitrovica and the decision of the Municipal Court in Mitrovica had not been legally served and that his right to a fair and impartial trial had been violated.

The Court noted that the Court of Appeals had corrected the Basic Court’s decision on the improper serving of the Basic Court’s decision, indicating that the flaw in a lower instance was corrected in the next higher instance. The Court also observed that the regular courts had established that the conclusion of the Mitrovica Municipality for enforcement was served on the Applicant in the office and in the presence of employees.

The Court concluded that the Applicant’s Referral is clearly ungrounded on constitutional grounds, as stated in Article 113.7 of the Constitution, provided for by Article 48 of the Law and further specified in Rule 39 (2) of the Rules of Procedure.