Constitutional Court

The applicants filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that their constitutional rights were violated by the judgment of the Supreme Court of Kosovo, which upheld the Decision of the Directorate for Property Issues of the Municipality of Gjakova on the request of Applicants for restoration of property. The applicants claimed that the Supreme Court has violated their rights guaranteed by Articles 24 and 29 of the Constitution of Kosovo, and Article 1 of Protocol 1 to the European Convention for Protection of Human Rights and Freedoms, The court found that the applicants’ referral was inadmissible, pursuant to Rule 56 of Rules of Procedure, due to the fact that applicants had not presented any evidence to prove the allegations on violations of constitutional rights in any way. The Court argued its decision thereby reminding that it is not its role, according to the Constitution, to act as a Court of Appeal, or a fourth instance court on the decisions rendered by regular courts. By quoting the ECtHR decision in the case of Vanek v. Slovac Republic, the Court further reasoned that after the review of documents filed by the Applicants, it did not find any indication that the general proceedings have been unfair or flawed with arbitrarity, and that the Supreme Court had provided sufficient reasons in finding the complaints of applicants ungrounded. Due to the reasons provided above, the Court decided to find the referral of Applicants as inadmissible.