Constitutional Court

The Applicant has submitted his Referral based on the Article 113.7 of the Constitution, alleging that there was a serious violation of fundamental rights, guaranteed by Articles: 7 [Values], 31 [Right to a fair and impartial trial], 53 [Interpretation of human rights provisions] and 102 [General principles of the Judicial system] of the Constitution, and Article 41 of the ECHR, The Court concluded that the Applicant demonstrated or furnished evidence that he took steps to request the regular courts to expedite his claim (other than the making of a complaint to the Kosovo Judicial Council). The original claim remains pending for decision in the regular Courts. The party has not in any way shown to have raised the above­mentioned issues in his first claim, concerning the violation of his rights guaranteed by Laws and the Constitution of the Republic of Kosovo, as well as the ECHR. Therefore, pursuant to Article 113.7 of the Constitution, pursuant to Article 47.2, 46 and 48 of the Law, and pursuant to the Rule 36.2 (a, b, c and d) of the Rules, the Referral is inadmissible as manifestly ill-founded because it has not been prima facie justified or sufficiently substantiated