Constitutional Court

The Applicant submitted the Referral based on Article 113.7 of the Constitution of Kosovo, alleging that his constitutional rights were violated by the Judgment of the Supreme Court, by which the Applicant was not recognized the right to property based on the augmentation and possession, The Applicant claimed that the Supreme Court violated Article 46 [Protection of Property] of the Constitution, The Court found that the Referral of the Applicant was manifestly ill-founded, because the Applicant has not substantiated his claim by evidence, explaining on how and why the alleged violation has been committed. The Court also stated that it does not notice that the proceedings in regular courts were unfair or arbitrary. 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 regular courts. For the reasons above, the Court decided to reject the Referral of the Applicant