Constitutional Court

The applicant, Mr. Muharrem Sulaj, filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Judgment of the Supreme Court, Rev. no. 58/2007, of 15 March 2012, as being taken in violation of his rights guaranteed by Article 21 [General Principles], Article 24 [Equality Before the Law], Article 34 [Right not to be Tried Twice for the Same Criminal Act], Article 46 [Protection of Property] and Article 54 [Judicial Protection of Rights], because the Applicant has a Judgment from the Municipal Court in Gjilan, Judgment C. no. 441/2003 of 29 September 2003, which approved the Applicant’s claim of property right and which became final on 8 October 2003. Notwithstanding, this final Judgment, the Supreme Court concluded that the Applicant is not the owner of the property, On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the final judgment of the Supreme Court, Rev. no. 58/2007 was taken on 15 March 2010, and was served on the Applicant on 19 April 2010, whereas the Applicant filed the Referral with the Court on 18 June 2012, i.e. more than 4 months from the day upon which the Applicant has been served with the Supreme Court decision. Hence, the Court held that the Referral was out of time pursuant to Article 49 of the Law