Resolution

Constitutional Review of the Judgment of the Supreme Court, Rev. no. 362/2009 dated 4 February 2011

Case No. KI 49/11

Applicant: Ibrahim Sokoli

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The Applicant filed his Referral based on Article 113,7 of the Constitution of Kosovo, claiming that his constitutional rights have been violated by the decision of the Supreme Court of the Republic of Kosovo, The Applicant, among others, claimed that his employer unfairly and without legal basis ordered an unpaid leave for the Applicant, whereas the Supreme Court decided in favor of the employer and to the detriment of the Applicant, The Court found that the Applicant did not substantiate his allegations, and that the Supreme Court sufficiently justified its decision by elaborating among others the relationship between the Applicant and his employer, Constitutional Court 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, 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

Applicant:

Ibrahim Sokoli

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil