Constitutional Court

The Applicant has filed a referral in compliance with Article 113,7 of the Constitution of Kosovo, demanding constitutional review of the decision of the Appeal Panel of the Special Chamber of the Supreme Court of Kosovo, ASC-11-0003-A0001 of 16 May 2013, which concluded the immoveable property dispute between the Applicant and a number of legal persons, in relation to immoveable property, cadastral parcels no, 622, surface area of 0,87,83 ha and no, 1387, surface area of 0,93,31 ha, registered in the possession list no, 162, taken from the legal predecessors of the Applicant by decision on expropriation of land on 21 December 1964, based on land maximum, The Applicant alleged that the above-mentioned decision of the Special Chamber of the Supreme Court of Kosovo violated the principle of fair and impartial trial, guaranteed by the Constitution and international convention on human rights and freedoms, considering that the Court itself proposed the extension of claim suit to another respondent, and further rejected the claim due to lack of passive legitimacy, which means that the Court deceived the party, and as a result, rejected the claim suit, thereby violating the principle of fair and impartial trial, Deciding on the referral of Applicant Milija Mirković, the Constitutional Court, upon review of proceedings in entirety, found that relevant proceedings before regular courts were in no way unjust or arbitrary, and that the rulings of regular courts were entirely reasoned, Thus, the Court concluded that the referral is manifestly ungrounded, since the facts presented fail to corroborate the allegations of violation of constitutional rights