Constitutional Court

KI54/18, Applicant: Shaip Sylaj, Constitutional review of Judgment ARJ. UZVP. no. 63/2017 of the Supreme Court of 7 December 2017 

KI54/18, Decision of 12.11.2018, published on 22.11.2018

Key words: individual referral, manifestly ill-founded referral

As an employee, the Applicant had been in charge of vehicle maintenance and District Heating in the Municipality of Suhareka. Because he breached his work duties, the disciplinary measure of demotion was imposed on him.

The Applicant initiated legal proceedings with the Supreme Court eventually dismissing, by its Judgment ARJ. UZVP. no. 63/2017, the Applicant’s request for extraordinary review as ungrounded, maintaining that the disciplinary measure of demotion had been imposed in compliance with the relevant legal provisions.

The Applicant alleged before the Constitutional Court that his constitutional rights, i.e. the right to fair and impartial trial and equality before the law, had been violated because he had been rejected the request to hear a witness ‘proposed by him’ and discriminated against during the proceedings conducted before the courts.

Having regard to the Applicant’s allegations, the Constitutional Court found that the Applicant had failed to submit facts and sufficient evidence to substantiate his allegations. The Court, therefore, rejected the Applicant’s referral as manifestly ill-founded on constitutional grounds.