Constitutional Court

KI47/18, Applicants: Musa Grabanica, Isa Grabanica, Avdurrahmon Grabanica, Nazim Grabanica, Pajtim Grabanica and Labinot Grabanica, Constitutional review of Decision Cml. No.  20/2017 of the Supreme Court, of 30 November 2017

KI47/18, Resolution of 23 of October 2018, published on 6 November 2018

Keywords: Individual referral, manifestly ill-founded referral

On 22 July 2016, N.G. filed a request with the Basic Court, requesting it to find that the Applicants prevented him from using the immovable property. The Basic Court approved the request of N.G., finding that the Applicants prevented N.G. in the use of the immovable property. Against Decision of the Basic Court, the Applicants filed an appeal with the Court of Appeals, proposing the annulment of the Decision of the Basic Court and dismissing the statement of claim of N.G. due to litispendence, reasoning that the same case is in the court proceedings under the lawsuit filed by Musa, Isa, Avdullah, Avdurrahmon and Nazim Grabanica [the Applicants] and J.G. on 17 October 2014.

The Court of Appeals also upheld the decision of the Basic Court. As a result of the Applicants’ proposal for filing a request for protection of legality with the Office of the State Prosecutor against the Decision of the Court of Appeals, the Supreme Court rejected the request for protection of legality as ungrounded.

The Applicants allege that the challenged Decision of the Supreme Court violated their rights guaranteed by Articles 31 and 46 of the Constitution of the Republic of Kosovo, in conjunction with Article 6 of the European Convention on Human Rights (hereinafter: the ECHR) and Article 1 [Protection of Property] of Protocol No. 1 of the ECHR.

Referring to the Applicants’ allegations, the Constitutional Court found that the Applicants did not present facts and did not sufficiently substantiate their claims and, therefore, declared the Applicants’ Referral as manifestly ill-founded on constitutional basis.