Constitutional Court

KI144/20, Applicant: Qerim Qerimi, request for constitutional review of Judgment Rev. No. 214/2020  

KI144/20, resolution on inadmissibility of 10 December 2020, published on 5 januar 2021 

Keywords: individual referral, right to a fair trial, resolution on inadmissibility

Based on the case file, it follows that the subject matter of the dispute, which dates back to 1977, is cadastral parcel 3001/15, by culture residential house, 140 square meters and a yard of a surface area of 439 square meters, in a place called “Livadhet e Mëdha”, in “Mehmet Pashë Zogaj” Street, which was registered on behalf of the respondent E.B, and which, according to the Applicant’s allegations, was acquired by the joint family contribution of the Applicant and the respondent.

Therefore, the Applicant and two other close relatives (claimants) H.Q., F.Q., filed a statement of claim with the Basic Court in Mitrovica, Branch in Vushtrri (hereinafter the Basic Court) against the respondent E.B., requesting that they be granted ownership of the abovementioned disputed property, which they request on the basis of the division of the family property, and which, according to the Applicant, was acquired through a joint contribution during the family community, although it was registered in the name of the respondent.

The Basic Court and the Court of Appeals rejected his statement of claim, finding that the property in question was not acquired during the family community, but that there exists a 1977 agreement on the division of property. In the proceedings of revision, the Supreme Court rejected the Applicant’s request for revision.

The Applicant alleges „that the Supreme Court by its judgment rejecting the request for revision, drastically violated his right to fair and impartial trial”. 

More specifically, the Applicant alleges that the Supreme Court by Judgment Rev. No. 214/2020 of 13 July 2020, rejected his revision with an excuse that the respondent E. B., and the claimant H. Q., (son and father), concluded a contract on termination of the family community, which was certified under Ov no. 62/79 of 24 January 1979, and which was allegedly upheld by the Municipal Court in Vushtrri.

After reviewing the case file as well as the allegations of the Applicant, the Court found that the Applicant’s allegations of erroneous determination of facts and erroneous interpretation and application of the applicable law regarding the determination of ownership over the disputed parcels qualify as allegations falling into the “fourth instance” category and as such, reflect allegations at the level of “legality”, and are not substantiated at the level of “constitutionality”. Therefore, the latter are manifestly ill-founded on constitutional basis, as established in paragraph (2) of Rule 39 of the Rules of Procedure.