Constitutional Court

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that her individual rights and freedoms guaranteed by the Constitution was infringed by the Judgment of the Supreme Court, Rev. no. 368/2008, which rejected her request for revision as unfounded and held that there existed an oral agreement for the house to be built for the reason that the Applicant’s husband’s brother would also live there. Further, the Applicant requested the Court to impose interim measures.
The Court held that the Referral was inadmissible because the Applicant have 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. Furthermore, as to the request for interim measure the Court held that taking into account that the Referral was found inadmissible, the Applicants are not entitled under Rule 54 (1) of the Rules of Procedure to request interim measures