Constitutional Court

The Applicant submitted Referral based on Articles 113 (7) and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo dated 15 January 2009, The Applicant submitted the Referral to the Court on 3 April 2012, On 23 May 2012, the President of the Court appointed Judge Ivan Cukalovic as Judge Rapporteur and a Review Panel composed of Judges Almiro Rodrigues (Presiding),Snezhana Botusharova and Kadri Kryeziu, On 11 October 2010, the Centre for Social Work Rahovec issued Decision No.02313/2010 and put a minor child, the Applicant’s grandchild, under the Applicant’s temporary custody, On 29 March 2011, the District Court in Pristina, issued Decision N.Nj. C 2/2011 and ordered the Applicant to return the minor child to its mother. It was also decided that in the case of the non-compliance by the Court’s order, the Applicant will be punished with a fine of 10,000 Euro, Unsatisfied with the decision of the District Court in Pristina, the Applicant submitted an appeal to the Supreme Court, Following the Applicant’s appeal, the Supreme Court issued, on 10 June 2011, Decision AC No. 40/2011 whereby the Applicant’s appeal was rejected as ungrounded and the District Court in Prishtna judgment N.nj. 2/2011 dated 29 March 2011 was confirmed, Unsatisfied with the outcome of the proceedings before the Supreme Court the Applicant than requested the Supreme Court to reopen the procedure, The Kosovo Supreme Court rejected the Applicant’s proposal for reopening the procedure by its Decision PPC no 62/11 dated 29 September 2011, On 26 September 2011, the Centre for Social Work Rahovec issued a new Decision in, the case No.02-313/2010 and quashed its earlier decision of 11 October 2010 whereby the Applicant was granted with a temporary custody, The Applicant than challenged the Decision of the Kosovo Supreme Court (PPC no 62/11 dated 29 September 2011), The Applicant in the Referral to the Constitutional Court states that the Supreme Court of Kosovo when dealing with his case violated Article 3 item 1.1. of the Law No 03/L- 238, on the Civil Aspects of International Child Abduction, After reviewing the case file, the Court concludes that the Applicant has neither built a case on a violation of any of his rights guaranteed by the Constitution nor has he submitted any prima facie evidence on such a violation (see Vanek v. Slovak Republic, ECHR Decision as to the Admissibility of Application no. 53363/99 of 31 May 2005), Taking into account all circumstances of the submitted Referral, the Constitutional Court pursuant to Article 113.1 and 113.7 of the Constitution, Articles 46, 47 and 48 of the Law and Rules 36 (1a) and 36 (3c) of the Rules of the Procedure, in the session held on 17 October 2012 unanimously decided to reject the Referral as inadmissible