Constitutional Court

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that his rights under Articles 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 102 [General Principles of the Judicial System], of the Constitution and Article 6 [Right to a fair trial] in conjunction with Article 13 [Right to an effective remedy] of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, was infringed by the decisions of the Supreme Court, which concluded that an appeal against the court ruling on the confirmation of the indictment would only be allowed, if the indictment was dismissed, pursuant to Article 317(2) of the PCCP.
The Court held that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure. Furthermore, as to the question of compatibility of laws, i.e. the PCCP, with the Constitution, the Court notes that only authorized parties under Article 113.2 of the Constitution are entitled to submit this question. Therefore, the Applicant is not an authorized party under Article 113.2 of the Constitution. However, the Applicant could raise the issue of compatibility of laws with the Constitution before the regular courts who is authorized under Article 113.8 of the Constitution to size the Constitutional Court.