Constitutional Court

The applicant filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that her constitutional rights and freedoms were violated by judgments of all instances on the Applicant’s rights to receive enjoy alimony from the father of her minor child. The applicant claimed, without quoting any specific constitutional provision, that her constitutional rights were violated.

The Court found that the referral of applicant was inadmissible, pursuant to Rule 56.2 of the Rules of Procedure, since the applicant had failed to prove how and why the courts of all instances had violated her constitutional rights. Quoting its case law in the case no. KI. 06/09, Applicant X v. Judgment of the Supreme Court no. 215/2006; Judgment of the District Court no. 741/2005; judgment of the Municipal Court no. 217/2004, the Court further noted that its role is only to ensure compliance with the rights guaranteed by the Constitution and other legal instrument, and therefore, it cannot function as a court of fourth instance. The Court also noted that the ordinary courts had sufficiently reasoned their decisions, thereby providing reasons on their ascertainment of proof. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.