Constitutional Court

The Applicants filed their Referral based on Article 113,7 of the Constitution of Kosovo, claiming that their constitutional rights have been violated by the decision of the Supreme Court of the Republic of Kosovo, The Applicants among others claimed that as subsidiary prosecutors they enjoy the same rights as the Public Prosecutor to file the request for protection of legality, The Supreme Court determined that the Applicants were unauthorized to file a request for protection of legality, The Court concluded that the Applicants have not substantiated their allegations, and that the decision of the Supreme Court was clear and that there is logical connection between legal basis and given reasoning, Constitutional Court also emphasized that the issues of facts and laws are under the jurisdiction of regular courts and that the Constitutional court cannot act as an appellate court or a court of fourth instance, In addition, the Court also elaborated on constitutional obligation with regards to respecting the principle of separation of powers, Due to the abovementioned reasons, the Court, pursuant to Article 113,7 of the Constitution and Rule 36 (1) c) of the Rules of Procedure, decided to reject the Referral as inadmissible