Resolution

Constitutional Review of the Judgment of the Supreme Court in Prishtina, Rev. no. 157/2011, of 4 April 2013

Case No. KI 86/13

Applicant: Malush Krusha

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The Referral is based on Article 113,7 of the Constitution, Article 47 of the Law on the Constitutional Court of the Republic of Kosovo no, 03/L-121 of 15 January 2009 (hereinafter, the Law), and Rule 56, of the Rules of Procedure of the Constitutional Court (hereinafter, the Rules of Procedure), On 17 April 2013, the Applicant submitted Referral to the Constitutional Court of the Republic of Kosovo and sought from the court the constitutional review of the Decision of the Supreme Court of Kosovo, The Applicant alleges that, during the proceedings before the courts, the fundamental principle of equal treatment of parties in proceedings was violated, The President with Decision (no, GJR, 86/13 of 20 June 2013), appointed Judge Altay Suroy as Judge Rapporteur, On the same day, the President (by Decision no, KSH, KI86/13) appointed the Review Panel composed of Judges: Robert Carolan (Presiding), Ivan Čukalović and Enver Hasani, The court after examining the case concluded that even though the Applicant alleges that the regular courts’ decisions violated his rights, guaranteed by the Constitution and the laws of the Republic of Kosovo, he did not provide any relevant evidence or facts proving that the courts have violated his constitutional rights, Thus the Applicant failed to prove why and how his rights guaranteed by the Constitution were violated, The mere allegation of a violation of the Constitution cannot be considered as a constitutional complaint, Therefore, the Constitutional Court in the session held on 13 September rendered the Referral as manifestly ill-founded

Applicant:

Malush Krusha

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil