Constitutional Court

KI114/17, Applicant: Albert Hadri, Constitutional review of Decision ARJ-UZVP. no. 34/2017 of the Supreme Court of Kosovo of 19 July 2017 

KI114/17, Resolution on inadmissibility, approved on 22 February 2018, published on 26 April 2018

Key words: individual referral, administrative procedure, labour contest, right to fair trial, right to work and exercise profession, manifestly ill-founded referral, inadmissible referral

The Applicant challenged Judgment ARJ-UZVP. no. 34/2017 of the Supreme Court of the Republic of Kosovo of 19 July 2017 alleging that this Judgment had violated his rights guaranteed by the Constitution, particularly the right to fair trial and right to work and exercise profession, because the regular courts had failed to correctly apply the applicable laws.

In the end, the Court considered that it is not a ‘fourth-instance’ court and that the interpretation of law falls under the jurisdiction of regular courts. The Court, therefore, concluded that the Applicant had failed to submit prima facie evidence in support of his allegation that the regular courts had violated his rights guaranteed by the Constitution and the European Convention on Human Rights.