Constitutional Court

KI144/19, Applicant: Tomislav Filipović, Constitutional review of Judgment GSK-KPA-A-276/15 of the Supreme Court of Kosovo on Kosovo Property Agency Related Matters of 13 February 2019

KI144/19, Resolution on Inadmissibility, of 25 March 2021, published on 20 April 2021

Keywords: individual referral, manifestly ill-founded referral

The Applicant challenges the constitutionality of Judgment of the Supreme Court of the Republic of Kosovo on the Kosovo Property Agency Related Matters (hereinafter: the Supreme Court), GSK-KPA-A-276-2015 of 13 February 2019 in conjunction with the decision [KPCC/D/A/267/2015] of 30 March 2015 of the Kosovo Property Claims Commission within the Kosovo Property Agency.

The Applicant filed a claim with the KPCC, seeking confirmation of the property right but the KPCC rejected the Applicant’s appeal on the grounds that the Applicant failed to prove his property right. The Supreme Court also found that the decision of the KPCC is fair because the Applicant did not provide relevant evidence for his allegation.

The Court considered that the Applicant in his Referral has not provided any argument as to how or by what actions his rights guaranteed by Articles 31 and 46 of the Constitution have been infringed or violated.

The Court noted that the Applicant did not explain how and why the conclusion that he “did not prove” his property right over the property, which was given in the challenged Judgment, violated his rights to fair and impartial trial and for the protection of property.

The Court further considered that the proceedings before the KPCC and the Supreme Court were fair and that the decisions were fully reasoned, explaining that the Applicant did not prove any property right over the claimed property.

In addition, the Applicant did not submit any prima facie evidence that would indicate a violation of his constitutional rights.

In fact, the Court found that the Applicant did not build his allegation on constitutional basis. On the contrary, he based his complaint on “erroneous and incomplete determination of facts” which falls within the jurisdiction of the regular courts.