Constitutional Court

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that his rights under Articles 3 [Equality Before the Law], 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law], 30 [Rights of the Accused], 31 [Right to Fair and Impartial Trial], and 54 [Judicial Protection of Rights] of the Constitution and as well as Article 6 [Right to fair trial] of the ECHR was infringed by the Judgment of the Supreme Court, which rejected the Applicant’s request for protection of legalit as unfounded and consequently the District Court decision, whereby the Applicant was found guilty for having committed a criminal act.

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. Further, the Court held that the applicant’s referral was out of time pursuant to Article 49 of the Law because the Judgment of the Supreme Court, Pkl. no. 1/2010, was taken on 3 December 2010 and was served on the Applicant on 29 December 2010, whereas the Applicant filed the Referral with the Court on 7 March 2012, i.e. more than 4 months from the day upon which the Applicant has been served with a the Supreme Court decision.