Resolution

Constitutional Review of the Judgment Rev.no.164/2009 of the Supreme Court of Kosovo, of 11 December 2012

Case No. KI 50/13

Applicant: Aziz Mazreku, Zekë Mazreku dhe Hajriz Mazreku

Download:

The referral is based on Article 113,7 of the Constitution, Article 20 of the Law and Rule 56 of Rules of Procedure, The Applicants allege that the Judgment of the Supreme Court is characterized by substantial violations of the provisions of the contested procedure, erroneous and incomplete determination of factual situation and erroneous application of the substantive law and as such it violates their right to property, The Constitutional Court notes that it is not a fact finding Court, and that the correct and complete determination of the factual situation is a full jurisdiction of regular courts, Moreover, the Court emphasized that the fact that the Applicants are dissatisfied with the outcome of the case cannot of itself raise an arguable claim of a breach of their constitutional rights, Due to the above mentioned reasons, the Court pursuant to Article 113,7 of the Constitution, Article 20 of the Law and Rule 36 (1) of the Rules of Procedure decided to reject the Applicants’ Referral as inadmissible

Applicant:

Aziz Mazreku, Zekë Mazreku dhe Hajriz Mazreku

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil