Constitutional Court

KI111/17, Applicants: Mark Kuzhnini, Prena Kuzhnini and Luka Kuzhnini, Request for constitutional review of Judgment GSK-KPA-A-107/15 of the Supreme Court – the Appellate Panel of Kosovo Property Agency of 22 March 2017

KI111/17, Resolution on Inadmissibility, of 16 March 2018, published on 2 May 2018

Keywords: Individual referral, right to fair and impartial trial, protection of property, protection of identity, manifestly ill-founded

On 22 March 2017, the Supreme Court – the Appellate Panel of Kosovo Property Agency by Judgment GSK-KPA-107/15 rejected as ungrounded the Applicants’ appeal against the Decision of Kosovo Property Claims Commission KPCC/D/240/2014, of 30 April, 2014.

The Applicants allege that the challenged decision violated their rights guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo.

The Applicants in the Constitutional Court essentially allege that the Supreme Court – the Appellate Panel of Kosovo Property Agency has erroneously, in a poor elaborated manner and unilaterally rendered a wrong judgment which is contrary to substantive and real evidence in the contested matter and that it has committed essential violations of the provisions of the contested procedure, erroneous determination of factual situation and erroneous application of the substantive law.

The Court concluded that the Applicants did not present any evidence, facts or arguments that show that the proceedings before the Supreme Court – the Appellate Panel of Kosovo Property Agency have constituted in any way a constitutional violation of their rights guaranteed by the Constitution, namely the right to fair and impartial trial and the right to protection of property.

The Constitutional Court rejected the Applicants’ request for non-disclosure of their identity publicly.