Constitutional Court

The applicant, Mr, Sali Shala, filed a Referral pursuant to Article 113,7 of the Constitution of Kosovo challenging the Judgment of the Supreme Court of the Republic of Kosovo, Pkl, no, 189/2012 of 26 December 2012, as being taken in violation of his rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution and Article 6 of the ECHR, because allegedly the judgments of the District Court in Peja and the Supreme Court are in violation of the principle reformatio in pejus “[…] no one can be injured from its appeal, cannot have hassle for his appeal, as it happened in the concrete case,”, On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness, Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1,c) of the Rules of Procedure