Resolution

Constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo, Rev. Mlc. no. 217/2010 of 15 April 2013, and the Judgment of the District Court Ac.No. 240/2010 of 14 May 2010

Case No. KI 79/13

Applicant: Sokol Haziraj

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The Applicant, Mr, Sokol Haziraj, filed the Referral based on Article 113,7 of the Constitution of Kosovo, challenging the Judgment of the Supreme Court of Kosovo, Rev, Mlc, no, 217/2010, of 15 April 2013, and the Judgment of the District Court Ac, No, 240/2010 of 14 May 2010, which allegedly violate his rights guaranteed by the Constitution, and that Article 31 [Right to Fair and Impartial Trial]; and Article 32 [Right to Legal Remedies],The Applicant alleges that his appeal was not reviewed at all before the District Court, whereas the Supreme Court rejected his revision as inadmissible with the reasoning that no appeal was filed before in the lower instance court, The Court concluded that the Referral does not meet the admissibility criteria because the Applicant has neither succeeded in building a case on violation of the rights that he invoked nor has he provided any prima facie evidence that shows alleged violations of the constitutional rights, In sum, the Court decided that the Referral is manifestly ill-founded pursuant to Rule 36 (2) b) and d) of the Rules of Procedure

Applicant:

Sokol Haziraj

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil