Constitutional Court

The Applicant submitted the Referral based on Article 113.7 of the Constitution of Kosovo, alleging that her constitutional rights were violated by the Judgment of Supreme Court of Kosovo, by which was approved the request for revision, which quashed the Judgment of the District Court, stating that the Municipal Court in Prishtina had implemented correctly the substantive law, by declaring as incompetent for reviewing the decisions of the Housing and Property Directorate- HABITAT, The Applicant stated that the Supreme Court has violated the right guaranteed by Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, The Court concluded that the Applicant’s Referral was inadmissible based on the Rule 56.2 of the Rules of Procedure, because the Applicant has not submitted any prima facie evidence that indicates that violation of her constitutional rights. The Court reasoned its decision, reiterating that it is not its task under the Constitution to act as a court of appeal, or court of fourth instance, in respect of the decisions taken by ordinary court, Citing the ECtHR decision in the case Vanek against the Slovak Republic, the Court further reasoned that after examining the proceedings in the regular courts in entirety, the Constitutional Court did not find that the relevant proceedings were in any way unfair or tainted by arbitrariness and that the Supreme Court provided sufficient reasons on why it has quashed the decision of the District Court in Prishtina, Due to abovementioned reasons, the Court decided to reject the Applicant’s Referral as inadmissible