Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his Constitutional right to property was infringed by a judgment of the Supreme Court, which affirmed adverse lower court decisions concerning his right of ownership in particular real property, arguing that the courts violated the Laws on Contested Procedure and Civil Procedure when making their rules, The Court held that the Referral was manifestly ill-founded and inadmissible pursuant to Rule 36.1(c) because the Applicant failed to make a prima facie showing that a Constitutional violation had occurred, citing Vanek v. Slovak Republic. The Court emphasized that its discretion is limited to disposition of Constitutional controversies such as whether the Applicant received a fair trial, and that it cannot resolve factual and substantive law disputes, citing Garcia Ruiz v. Spain and Edwards v. United Kingdom. It held that there was no evidence that the proceedings below were in any way unfair or arbitrary, citing Vanek