Resolution

Constitutional review of the Resolution of the Supreme Court of Kosovo Rev. NO.228/2007 of 13 May 2010

Case No. KI 17/11

Applicant: Shefkat Perdibuka and Suhejla Morina

The Applicants filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his rights under Articles 24, 31 and 46 of the Constitution, and provisions of the European Convention on Human Rights, were infringed by a judgment of the Supreme Court, which ruled that the Applicants’ appeal of a disposition of a property dispute by the lower courts was inadmissible. Counsel for the Applicants alleged that they received the disputed decision about four months after it was issued, The Court held that the Referral was inadmissible pursuant to Article 49 of the Law on the Constitutional Court and 36.1(b) of the Rules of Procedure because it was filed more than four months from the issuance of the final judgment in controversy, citing a return receipt as proof of receipt of the disputed decisio

Applicant:

Shefkat Perdibuka and Suhejla Morina

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil