Constitutional Court

The Applicant alleged that the court authorities, respectively the Appellate Panel of the SCSC by Ruling AC-II-12-0212 of 7 March 2013 has violated constitutional rights guaranteed by Article 102, paragraph 3 of the Constitution, as well as the right to fair and impartial trial guaranteed by Article 31 of the Constitution and by Article 6 of ECHR, In particular, the Applicant claimed that the Appellate Panel of the SCSC, when deciding on the PAK appeal, by not reviewing the subject of property dispute, regarding the lack of jurisdiction of the Municipal Court in Prishtina, decided contrary to Article 102,3 of the Constitution and contrary to the requirements of Article 6 of ECHR, The Court, in this case, concluded that the pertinent proceedings in the Special Chamber of the Supreme Court have not been in any way unfair or tainted by arbitrariness because the court in question has substantiated and convincingly justified its verdict with regards to the decision taken (see, mutatis mutandis, Shub v, Lithuania, ECtHR Decision as to the Admissibility of Application no, 17064/06 of 30 June 2009), In sum, the Court concluded that the Applicant’s Referral does not meet the admissibility requirements, because the Applicant failed to prove that by the challenged decision were violated his rights and freedoms guaranteed by the Constitution, Therefore, in accordance with Rule 36 (2) b) of the Rules of Procedure, the Referral is declared inadmissible