Resolution

Constitutional Review of the Judgment of the Supreme Court of Kosovo A. no. 1107/2012 dated 05 November 2012

Case No. KI 26/13

Applicant: Vahide Bajrami

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The Applicant filed the Referral based on Article 113,7 of the Constitution, Articles 20, 22,7 and 22,8 of the Law no, 03/L-121 on the Constitutional Court of the Republic of Kosovo, of 15 January 2009, On 4 March 2013, the Applicant submitted the Referral to the Constitutional Court of the Republic of Kosovo, requesting constitutional review of the Judgment of the Supreme Court of Kosovo, The Applicant claimed that by that judgment, the following articles of the Constitution of Kosovo were violated: Article 51 [Health and Social Protection], Article 1 [Definition of state], Article 21 [General Principles], Article 22 [Direct Applicability of International Agreements and Instruments], Article 23 [Human Dignity], Article 31 [Right to Fair and Impartial Trial], Article 54 [Judicial Protection of Rights], and the following articles of the European Convention on Human Freedoms: Article 1 [Obligation to Respect Human Rights], Article 6 [Right to Fair Trial] and Article 13 [Right to Effective Remedy], With the Decision of the President (no, GJR, KI 26/13, of 22 March 2013), Judge Ivan Čukalović was appointed as Judge Rapporteur, On the same day, with the Decision of the President KSH 26/13, was appointed the Review Panel composed of judges: Altay Suroy (Presiding), Snezhana Botusharova and Arta Rama Hajrizi, Upon the case review, the Court determined that the applicant did not sufficiently substantiate and prove her allegations with respect to constitutional violation of her rights by the Supreme Court, In addition, the Court notes that the judgments and decisions of the Municipal and District Court, as well as Supreme Court are well argued and show not arbitrariness, Taking into account all the circumstances of the Referral, the Constitutional Court, on the session of 17 June 2013, concluded that the Referral is inadmissible since the presented facts do not in any way justify the allegation of a violation of the constitutional rights

Applicant:

Vahide Bajrami

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil