The Applicant submitted the Referral based on the Article 113.7 of the Constitution of Kosovo, alleging that his rights were violated by the Judgment of Supreme Court, by which was upheld the decision of the disciplinary board of Kosovo Energy Corporation for dismissal of the Applicant from work, The Court found that the Referral of the Applicant was manifestly ill-founded, because the Applicant has not substantiated by evidence his claims on how and why the alleged violation has been committed. The Court also stated that it does not observe that the pertinent proceedings in the regular courts were arbitrary or unfair. Citing the case Edwards against United Kingdom from the ECtHR practice, the Court further reasoned that, as a general rule, the assessment of facts is the task of the regular courts. Due to abovementioned reasons, the Court decided to reject the Referral of the Applicant as inadmissible
Mehdi Sopjani
KI – Individual Referral
Resolution
Referral is manifestly ill-founded
Civil