Resolution

Request for constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo A. no. 212/2012 of 24 May 2012

Case No. KI 108/12

Applicant: Hazir Kadriu

The Applicant filed the Referral based on Article 113,7 of the Constitution, claiming that the Supreme Court by Judgment A, no, 212/2012 of 24 May 2012 by finally not recognizing his status as a disabled person has violated his rights guaranteed by the Constitution, The Court, in this case also reiterated that it is not a fact finding Court and in this case wishes to emphasize that establishing the correct and complete factual situation is in full jurisdiction of regular courts and in this case of administrative bodies as well, The Court’s role is solely to ensure compliance with the rights guaranteed by the Constitution, therefore it cannot act as a fourth instance court, (see mutatis mutandis, i,a,, Akdivar v, Turkey, 16 September 1996, R,J,D, 1996-IV, par, 65), The Court concluded that the Applicant has not sufficiently justified his allegation on a violation of any constitutional right, therefore, pursuant to Rule 36 (2) b) and d), the Referral is declared inadmissible

Applicant:

Hazir Kadriu

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil