Resolution

Constitutional Review of the Judgment of the Supreme Court, Rev. No. 176/2012 of 18 April 2013

Case No. KI 151/13

Applicant: Sitkije Morina

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In its Judgment, the Supreme Court, in the part related to compensation for material damage, decided to uphold the judgments of lower court instances, whereby the Insurance Company was obliged to pay to the Applicant the compensation plus the specified interest rate, In the the part related to compensation for non-material, namely the rehabilitation costs and specified interest, it decided to remand the case for retrial to the first instance court, The Applicant alleges violation of Article 24,2 [Equality before the Law], Article 31 [Right to Fair and Impartial Trial] and Article 102,3 [General Principles of the Judicial System] of the Constitution as well as the provisions of the Law on Contested Procedure, The Court considered that the Applicant cannot claim to be a victim of violation of constitutional rights while the proceedings related to material damage are still pending before the Court and, furthermore, the decision of the Supreme Court to uphold the Judgments of the lower instance courts related to non-material is a decision in her favor, In sum, the Court concluded that the Applicant’s Referral is inadmissible

Applicant:

Sitkije Morina

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil