Constitutional Court

The Applicant filed a Referral pursuant to Articles 113.7 and 116.2 of the Constitution, asserting that his right to property under Article 46 of the Constitution was infringed and that the Government’s expropriation decision subjected him to an arbitrary deprivation of his property without adequate compensation, The Applicant also requested the suspension of the expropriation as an interim measure pending disposition of the Referral, The Court held that the Referral was inadmissible pursuant to Article 113.7 of the Constitution and Article 47.2 of the Law on the Constitutional Court because the Applicant’s appeal of the expropriation decision was pending in the Supreme Court, reflecting that all legal remedies had not yet been exhausted. The Court also denied the request for an interim measure pursuant to Article 116.2 of the Constitution and Article 27 of the Law on the Constitutional Court because the Applicant had failed to substantiate that there was potential for irreparable damage and that it would be in the public interest