Constitutional Court

The Applicant claimed that the Judgment of the Supreme Court, Rev. no. 330/2008, of 06.01.2011, has denied him the right to work, which had been recognized by the Judgment of Municipal Court in Prizren, C. No. 112/06, of 08.05.2007, and by the Judgment of the District Court in Prizren, AC. No. 296/07, of 02.06.2008.
The Applicant claims that the judgment of the Supreme Court of Kosovo has violated his rights guaranteed by the Constitution: Article 24.1 (Equality Before the Law), Article 31.2 (Right to Fair and Impartial Trial); Article 102.3 (Courts shall adjudicate based on the Constitution and the law); Article 49 (Right to Work and Exercise Profession), and the violation of the Universal Declaration of Human Rights Article 7 (Equality before the law without any discrimination). According to the Applicant, Article 7 of the European Convention on Human Rights and the International Convention on Elimination of All Forms of Racial Discrimination (Articles 2. 1, 5 and 6) have also been violated.
Constitutional Court finds no evidence that the Supreme Court did not adjudicate a “Fair and Impartial Trial” bringing the decision as on the revision of the abovementioned and does not find that with that decision the rights guaranteed by the Constitution have been violated.

Based on these circumstances, the Constitutional Court finds no violation of the European Convention of Human Rights (Article 7) or of the Universal Declaration of Human Rights (Article 7), directly applicable in the juridical system of Kosovo, that Mr. Mazreku claims to have been violated, In these circumstances, the Applicant has not “sufficiently substantiated his claim”, so, pursuant to Rule 36, paragraph 2, item c and d, I propose to the Review Panel to reject the Referral as manifestly illfounded.