Constitutional Court

The applicants, Gani Sopaj, Ahmet Sopaj and Nazmije Sopaj, filed a Referral pursuant to Article 113,7 of the Constitution of Kosovo challenging the Decision of the Supreme Court of the Republic of Kosovo, Rev, no, 294/2010, dated 10 April 2013, as being taken in violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution, “[,,,] because for the same issue, the same presiding judge took different decisions and this is in violation of the Constitutional right to a fair and impartial trial,”, On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness, Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1,c) of the Rules of Procedure