Resolution

Constitutional Review of the Judgment of the Special Chamber of the Supreme Court of the Republic of Kosovo, ASC-11-0069, dated 22 April 2013

Case No. KI 71/13

Applicant: Sadije Tërbunja

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The applicant, Sadije Tërbuna, filed a Referral pursuant to Article 113,7 of the Constitution of Kosovo challenging the Judgment of the Special Chamber of the Supreme Court of the Republic of Kosovo, ASC-11-0069, of 22 April 2013, as being taken in violation of the Constitution, However, the Applicant did not specify, which constitutional provisions has been violated, The Applicant alleged that “My husband, Hasan Terbunja, used to work for the Industrial Combine “Ramiz Sadiku”, from 21,04,1980, until its bankruptcy on 31,01,1990, and after the bankruptcy, 01,08,1990, and until 01,05,1993, in 1993, he was forcefully expelled from work, because of the forced regime of Serbia, and was maltreated by the Serbian paramilitary, and as a result of such abuse, he died, If he would be capable, he would still be working like his colleagues did,”, 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

Applicant:

Sadije Tërbunja

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil