Constitutional Court

The Applicant submitted Referral pursuant to Article 113,7 of the Constitution of Kosovo, by challenging the Judgment of the Supreme Court of Kosovo rev no, 34/12 of 8 October 2012, by which was terminated the property-legal dispute, created by the request for confirmation of ownership over the challenged immovable property between the Applicant and third persons, The Applicant considers that on this occasion were violated his constitutional rights under Article 3 (Equality before the Law), Article 5 (Languages) Article 31 (Right to Fair and Impartial Trial), Article 54 (Judicial Protection of Rights) of the Constitution of the Republic of Kosovo and Article 6 (European Convention on Human Rights), because he was not served with the Judgment in his native language, the Court compiled the Judgment only in Serbian, and not in Albanian, thereby creating difficulties in fully understanding the contents of the Judgment, Deciding on the Referral of the Applicant Izahir Troni, the Constitutional Court found that the first instance court had instructed the parties to their rights to use their own official language throughout the trial and the entire procedure, but the parties stated that they speak the language in which the procedure is held and therefore they do not need interpretation, which the Applicant presented as ground for filing the Referral before the Constitutional Court, Therefore, the Applicant waived the right, to which he referred to have been violated to him, so that his Referral is manifestly ill-founded, because the presented facts do not justify in anyway the allegation of a violation of the constitutional rights