Constitutional Court

KI146/20 Applicant: Xhemile Krapi and 11 others, constitutional review of   Judgment Rev. No. 66/2020 of the Supreme Court of 2 June 2020

 KI146/20 Resolution on inadmissibility of 2 June 2021, published on 25 June 2021

Keywords: individual referral, civil dispute, right to a fair trial, manifestly ill-founded referral, inadmissible referral

The Applicants challenged before the Constitutional Court Judgment Rev. No. 66/2020 of the Supreme Court of 2 June 2020, alleging a violation of their rights guaranteed by Articles: 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo and Article 6 [Right to a fair trial] of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

From the case file, the Court noted that the substance of the Applicants’ allegations had to do, mainly with the way the regular courts administered the facts of the case and how they interpreted and applied the procedural law, namely the provisions of the LCP.

After analyzing the case, the Court found that the Applicants’ allegations of erroneous determination of facts, erroneous interpretation and application of the applicable law qualify as allegations falling into the category of “fourth instance” court and as such, reflect claims at the level of “legality”, and have not been argued at the level of “constitutionality”. In addition, the Court concludes that the Applicants do not sufficiently substantiate their allegation that in their case there has been a violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution and Article 6.1 (Right to a fair trial) of the ECHR. Therefore, the latter are manifestly ill-founded on constitutional basis and in accordance with paragraph (2) of Rule 39 of the Rules of Procedure, the Court concludes that the Referral must be declared inadmissible.