Constitutional Court

The applicant, Mr. Avni Shabani, filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Judgment of the Supreme Court, Rev. no. 132/2009, of 17 January 2012, as being taken in violation of his rights guaranteed by Article 54 [Judicial Protection of Rights] of the Constitution, because there are “[…] many cases when the Supreme Court by request of injured parties increases these amounts, while we do not have cases decreasing them, and this is the first case of this kind that the Supreme Court of Kosovo has adjudicated. By this judgment the claimant has been put into unequal position with other claimants […].”, On the issue of the admissibility of the Referral, 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