Resolution

Constitutional Review of the Notification of the State Prosecutor, KMLC.no. 106/2012, dated 23 October 2012

Case No. KI 01/13

Applicant: Betim Ramadani

The applicant, Mr, Betim Ramadani, filed a Referral pursuant to Article 113,7 of the Constitution of Kosovo challenging the Notification of the State Prosecutor, KMLC,no, 106/2012, dated 23 October 2012, The Applicant considered that he “[…] was removed with force by the executive authorities, the Municipal Court of Gjilan, from the business premise, which he used based on the contract of 4 February 2009, and without any court procedure,” Furthermore, he requested the Court “[…] to annul all decisions of execution procedure of Municipal Court in Gjilan and of District Court in Gjilan and order the Municipal Court in Gjilan to allow the use of the rented business premise based on the rights and obligations derived from the contract of 4 February 2009,” On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness, Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1,c) of the Rules of Procedure

Applicant:

Betim Ramadani

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil