Resolution

Constitutional Review of Judgment of Supreme Court Ac. no. 65/2012 dated 29 October 2012

Case No. KI 45/13

Applicant: Jasmine Baxhaku

The Applicant claimed that the District Court in Prizren and the Supreme Court, have violated her rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution and Articles 6 and 14 of ECHR, The Applicant complained on grounds of substantial violation of procedural provisions, incomplete and erroneous determination of factual situation and erroneous application of the substantive law, The Court in this case noted that the Applicant did not present any argument and evidence on how and why the Supreme Court violated her rights and fundamental freedoms guaranteed by the Constitution, No allegation filed on the ground of constitutionality was made by the Applicant, either implicitly or in substance, which would refer the alleged violation on human rights and fundamental freedoms, guaranteed by the Constitution and International Instruments, In sum, the Court noted that the Applicant’s Referral did not meet the required criteria pursuant to Rule 36 (1) c) and (2) a) and d) of the Rules of Procedure, and as such, is found inadmissible

Applicant:

Jasmine Baxhaku

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil