Resolution

Constitutional review of the Judgment of the Supreme Court of Kosovo Rev. no. 177/2010 of 8 January 2013

Case No. KI 54/13

Applicant: Gani Alidema

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The Applicant filed the Referral based on Article 113,7 of the Constitution, Article 22 of the Law no, 03/L-121 on the Constitutional Court of the Republic of Kosovo, of 15 January 2009, On 10 April 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 the Judgment of the Supreme Court of Kosovo, the following articles of the Constitution of Kosovo were violated: Articles 24 [Equality before the Law] and 31 [Right to a Fair and Impartial Trial] of the Constitution of the Republic of Kosovo as well as Article 6 (Right to a Fair Trial) of the European Convention on Human Rights and Article 10 (Right to equality in fair and public hearings) Universal Declaration on Human Rights, With the Decision of the President (no, GJR, KI 54/13, of 16 April 2013), Judge Ivan Čukalović was appointed as Judge Rapporteur, On the same day, with the Decision of the President KSH 54/13, 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 has not provided necessary evidence that would substantiate his allegation that the Supreme Court and other competent judicial bodies have violated his fundamental human rights guaranteed under the Constitution, It follows that the Applicant’s Referral is manifestly ill-founded, Taking into account all the circumstances of the Referral, the Constitutional Court, on the session of 16 October 2013, decided to reject the Referral as inadmissible since the presented facts do not in any way justify the allegation of a violation of the constitutional rights

Applicant:

Gani Alidema

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil