Constitutional Court

KI141/17, Applicant: Halit Memaj, constitutional review of Judgment Rev. No. 116/17 of the Supreme Court of Kosovo, of 26 June 2017

 KI141/17, Resolution on Inadmissibility, adopted on 20 April 2018, published on 31 May 2018

Keywords: individual referral, civil procedure, labor dispute, right to a fair trial, equality before the law, manifestly ill-founded

The Applicant in the Court alleged that the regular courts violated his right guaranteed by Article 24 [Equality Before the Law] of the Constitution, because the termination of the employment relationship was unlawful and based on discriminatory grounds, and by Article 31 [Right to Fair and Impartial Trial] of the Constitution because he was not provided with an adequate judicial protection, that the evidence in his favor had not been taken into account and that he was sanctioned without a final court decision which would establish his criminal liability.

The Court, after analyzing the case as a whole, considered that the Applicant’s allegations related mainly to how the regular courts administered the evidence before them, how they determined the factual situation, and how they interpreted and applied the substantive and procedural law in the Applicant’s case, the allegations, which according to the Court, raised the issues of legality, not of constitutionality. In conclusion, the Court concluded that the Referral is manifestly ill-founded on constitutional basis and, in accordance with Rule 36 (1) (d) and (2) (b) and (d) of the Rules of Procedure, it is to be declared inadmissible.