Constitutional Court

KI174/19, Applicant: Durije Kurshumlija, Shpresa Kurshumlija, Orhan Kurshumlija, Constitutional review of Decision Rev.No.127/2019 of the Supreme Court of the Republic of Kosovo, of 22 May 2019

KI174 / 19 Resolution on Inadmissibility, of 16 January 2020, published on 28 January 2020

Keywords: individual referral, property dispute, repetition of procedure, ratione materiae, manifestly ill-founded, inadmissible referral

The applicants are Durije, Shpresa and Orhan Kurshumlija, who are represented by Sabri Kryeziu, a lawyer from Lipjan.

The Applicants challenge the Decision [Rev.no.127/2019] of the Supreme Court of Kosovo (hereinafter: the Supreme Court), of 22 May 2019, which rejected as unfounded the Applicants’ revision filed against the Decision [Ac. no. 218/14] of the Court of Appeals of Kosovo (hereinafter: the Court of Appeal) of 21 November 2010, in relation to the Applicants’ proposal for the repetition of the contested procedure.

The Applicants allege that the Supreme Court by the challenged decision violated the equality before the law guaranteed by Article 24 and the right to fair and impartial trial guaranteed by Article 31 of the Constitution in conjunction with Article 6 of the ECHR.

The Court concludes that the Applicants’ allegations for a violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution in the proceedings upon the request for repetition of the procedure are incompatible ratione materiae with the Constitution. These claims should therefore be rejected as incompatible ratione materiae, in accordance with Rule 39 (3) (b) of the Rules of Procedure.

As regards the second allegation, the Court concludes that the Applicants’ allegations for a violation of Article 24 [Equality before the Law] of the Constitution are unfounded. Therefore, these claims must be rejected as manifestly ill-founded in accordance with Rule 39 (2) of the Rules of Procedure.