Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution contending that the Supreme Court violated an unspecified right to property guaranteed under the Constitution and international conventions when it affirmed lower court rejections of a lost profits compensation claim against the Municipality of Gllogoc based an alleged inability to use farmland due to an error in the Comasation Commission’s land allocation process. The Gllogoc Municipal Court denied relief on the ground that the Applicant had failed to insist upon possession and use of the contested land, and finding his claim against the municipality for damages was unfounded, which was affirmed by the Prishtina District Court and the Supreme Court, The Court held that the Referral was inadmissible as manifestly ill-founded under Rule 36.2(b) of the Rules of Procedure because of an absence of prima facie evidence that either the Supreme Court’s decision had violated any of the Applicant’s fundamental rights and freedoms, or the Supreme Court’s decision was arbitrary, citing ECtHR, Vanek vs. The Republic of Slovakia, and noting that the Applicant had been compensated for the expropriated property