Resolution

Constitutional Review of Supreme Court Judgment Rev. I. nr. 363/09, dated 6 May 2010

Case No. KI 81/10

Applicant: Nazif Reka

The Applicant submitted the Referral based on the Article 113.7 of the Constitution of Kosovo, claiming that his rights were violated by the Judgment of Supreme Court, by which was upheld the decision of the Municipality of Kacanik on non-renewal of the contract of the Applicant as dental technician, The Court concluded that the Referral of the Applicant was manifestly ill-founded, since there was no evidence which indicated that the proceedings in the regular courts were unfair or tainted by arbitrariness. Citing the case Vanek against Slovakia, from ECtHR practice, the Court stated that the Applicant has not submitted any prima facie evidence, indicating the violation of the rights guaranteed by the Constitution. The Court further stated that, as a general rule, the assessment of facts is the task of the regular courts. For the reasons above, the Court decided to reject the Referral as inadmissible

Applicant:

Nazif Reka

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil