Constitutional Court

The Applicant filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Judgment of the Supreme Court of Kosovo; Rev. I. No. 58/2008 dated 27 December 2012, by which the property-legal dispute was solved and which was raised after the request for determining the right of ownership over the disputed immovable property between the Applicant and third parties.

The Applicant considers that it is very rare in the court practice that the court, deciding upon revision changes the judgment in its final form and itself decides on the matter without properly justifying the rendered judgment, taking into consideration that with this judgment the Supreme Court changed first and second instance court decisions. Before the foregoing, the Applicant was convinced that the Supreme Court Judgment, Rev. I. No. 58/2008, unfair and bias, which violated the petitioners rights prescribed by the European Convention.

The Applicant claimed that Article 31 [Right to a Fair and Impartial Trial], 46 [Protection of Property] and Protocols 1, 4, 6 7, 12 and 13 to the ECHR and Article 6 Protocol No. 1 [Right to a Fair Trial] of the ECHR were violated.

Deciding on the Applicant’s, Brahim Krasniqi’s, Referral, the Constitutional Court, after reviewing the proceedings in their entirety, did not find that the relevant proceedings with the regular courts were in any way unfair or tainted by arbitrariness. Therefore, the Court concluded that the Referral is manifestly ill-founded since the presented facts do not in any way justify the allegation of a violation of the constitutional rights.