Resolution

Constitutional Review of the Judgment Ac.no. 1314/2012, of the District Court in Prishtina, dated of 07.12.2012

Case No. KI 18/13

The Referral Applicant filed the Referral pursuant to Articles 113,7 and 21,4 of the Constitution, Articles 20, 22,7 and 22,8 of the Law no, 03/L-121 on the Constitutional Court of 15 January 2009, On 15 February 2013, the Referral Applicant filed the Referral with the Constitutional Court of the Republic of Kosovo and sought from the court the constitutional review of the Judgment of the District Court in Prishtina, The Applicant alleges that the Judgment violates his rights and freedoms as per Article 21 (General Principles of the Constitution), Article 22 (Direct Application of International Treaties and Instruments), Article 31 (Right to Fair and Impartial Trial), including Article 6 of the European Convention on Protection of Human Rights, The President with Decision (no, GJR, KI 18/13 of 26 January 2013), appointed Judge Almiro Rodrigues as a Judge Rapporteur, and on the same day the President with Decision KSH 18/13 appointed the Review Panel composed of Judges: Altay Suroy (Presiding), Kadri Kryeziu and Arta Rama Hajrizi, Upon reviewing the case the Court concluded that the Applicant has not sufficiently substantiated and proved his allegations in terms of a constitutional violation of his rights by the Municipal and District Courts, In addition, the Court notes that the judgments and decisions of the Municipal and District Courts are rather argued and reasoned and do not show any arbitrariness, As to the request to impose an interim measure the Court notes that the Referral Applicant simply sought the imposing of an interim measure, but did not provide any arguments or relevant documents that would explain and show why and how would he suffer irreparable damage, For all the aforementioned reasons, the Constitutional Court of Kosovo in the session of 16 April 2013, concluded that the Referral is inadmissible as it is manifestly ill-founded, and that the request for interim measure is rejected

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil