Constitutional Court

The subject matter of the Referral is the assessment of the constitutionality of the Judgment of the Supreme Court by which the request for protection of legality was rejected and the Decision of the Appeals Court is upheld, This Judgment left in force the imposition of detention on the Applicant, TheApplicant alleges that this decision has not been reasoned in a legal manner, The Applicant alleges that the Judgment of the Supreme Court, PML, no, 91/2013 has violated Article 53 of the Constitution (Interpretation of Human Rights Provisions) and Article 5,1 and 5,3 of the European Convention on Human Rights “as a result of inadequate reasoning of the Judgment issued regarding the rejection of the request for protection of legality”, Furthermore, the Constitutional Court cannot find a violation of Article 53 of the Constitution when the Supreme Court issued its decision, which is the act that has been explicitly challenged by the Applicant, also due to the fact that the Applicant in his request for protection of legality never raised a violation of human rights as guaranteed under the Constitution, The applicant based his request for protection of legality on a violation of Article 103,2 of the Constitution which establishes the legal basis for decision making of the courts in Kosovo and on a violation of provisions of the Criminal Procedure Code, which in fact are legality issues and not constitutional issues, The Court, pursuant to Rule 36 paragraph 2 item c and d, finds that it must reject the Referral as manifestly ill-founded