Resolution

Constitutional Review of the Resolution of the District Court in Prishtina Ac.no 1496/2011 dated 24 January 2012

Case No. KI 30/12

Applicant: Afrim Kalaja

The Applicant alleges that by the Ruling of the District Court in Prishtina Ac. no. 1496/2011 dated 24 January 2012, by which was rejected the appeal of the Applicant and was confirmed the Resolution of the Municipal Court in Prishtina E. no. 1168/10, dated 06.10.2011, and by which “was determined the sale of mortgaged immovable property of the collateral Mr. Murat Plakolli’ to the creditor Procredit Bank, with its office in Prishtina” were violated the rights guaranteed by the Constitution of the Republic of Kosovo as follows: Article 21 (General principles), Article 24 (Equality before the law) Article 54 (Judicial protection of rights) of the Constitution of the Republic of Kosovo and Article 8 of the Universal Declaration on Human Rights, Deciding upon the referral of the Applicant, after the review of the proceedings in entirety, the Constitutional Court did not find elements of arbitrariness, or alleged violations of human rights, as the applicants had claimed, The Constitutional Court concluded that the referral is manifestly ill-founded, pursuant to the Rule 36 paragraph 2. Item c) and d) of the Rules of Procedure.

Applicant:

Afrim Kalaja

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil