Constitutional Court

The Applicants filed the Referral based on Article 113,7 of the Constitution, alleging that the Judgment of the Supreme Court of Kosovo, Mlc Rev, 377/2009, of 8 May 2012, which modified the Judgment of the District Court in Prizren and rejected the lawsuit of the Applicants for the annulment of the contract of gift of the immovable property included in the contract of gift, alleged their right to property, guaranteed by Article 46 of the Constitution, After having reviewed the case in its entirety, the Constitutional Court cannot consider that the pertinent proceedings before the Supreme Court were in any way unfair or arbitrary, Further, the Constitutional Court reiterated that it is not a court of fourth instance when reviewing decision taken by the lower instance courts, It is the duty of the regular courts to interpret and apply the pertinent rules of both procedural and substantive law, The Court found that the Applicants’ Referral does not meet the admissibility requirements, as the Applicants have failed to prove that the challenged decision has violated their constitutionally guaranteed rights and freedoms, Therefore, the Court concluded that the Applicants’ Referral, pursuant to Rule 36,2 (a) and (b) of the Rules of Procedure is manifestly ill-founded and therefore inadmissible