Constitutional Court

The Applicant filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo, challenging the Judgment of the Supreme Court of Kosovo Mlc. no. 2/2009 of 5 April 2011, which has been served on the Applicant on 17 May 2011, which approved the request for protection of legality filed by the Public Prosecutor of Kosovo and modified the Judgments of the District Court in Prizren Ac. no. 338/2008 of 6 October 2008 and of the Municipal Court in Rahovec/Orahovac, C. no. 45/2007 of 2 June 2008, and it rejected as unfounded Applicant’s claim, by which he had requested the confirmation of ownership right over the immovable property registered as cadastral plot no. 835/3 at the place called „Rakita“ based on possession list no. 97, KZ Xërxe/Zrze, with area of 0,57.13 ha, Deciding on the Referral of Applicant Velia Kryeziu, the Constitutional Court, after examining the proceedings in their entirety, did not find that the relevant proceedings before the regular courts, Municipal Court in Rahovec/Orahovac, District Court in Prizren and the Supreme Court of Kosovo, were in any manner unfair or arbitrary. Therefore the Court concluded that the Referral was manifestly ill-founded in accordance with Rule 36 (2b) of the Rules of Procedure, as the presented facts do not in any way justify the allegation of a violation of constitutional rights.