Constitutional Court

The Applicant has filed his referral in compliance with Article 113,7 of the Constitution of Kosovo, challenging the decision of the Supreme Court of Kosovo Mlc, no, 13/2010 of 09 November 2011, which concluded the immoveable property dispute occurring upon claim for validation of ownership over disputed property between the Applicant and third parties, The Applicant considers that this infringed the constitutional rights as per Article 31 of the Constitution of the Republic of Kosovo, and Article 6 of the Convention on Human Rights, because he was not summoned to the proceedings, thereby violating his right to fair trial, He has simultaneously demanded imposing interim measure, since the execution and removal from the property (shop) scheduled for 28 December 2011, He has simultaneously demanded urgent procedure review of request, The Applicant alleges he has been violated his rights as per Article 31 (Right to fair and impartial trial), and Article 6 (Right to Fair Trial) of Protocol 1 of ECHR, Deciding upon the referral of applicant Behxhet Makolli, the Constitutional Court, upon review of proceedings, has not found that relevant proceedings were in any way unjust or arbitrary, and that rulings of regular courts were entirely reasoned, Therefore, the Court found that the referral is manifestly ill-founded, since the facts presented fail to corroborate the allegations of violation of constitutional rights, Simultaneously, the Court rejected the request of Applicant for the interim measure, thereby reasoning that he has failed to provide any convincing proof to justify interim measure to prevent any irreparable damage, or proof that such measure is of public interest