Constitutional Court

The applicant, Mr. Bekë (Vesel) Gashi, filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Judgment of the Supreme Court, Mlc. no. 21/2012, of 8 November 2012, as being taken in violation of his rights guaranteed by Article 2 [Sovereignty], Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial] and Article 102 [General Principles of the Judicial System], because there has been numerous violations of international standards on human rights, in particular of the European Convention for Human Rights and other international standards, such as those of UN which guarantees a fair process, impartial, based on law etc, and Article 6 of ECHR that concerns with the right of the complainant for a fair process and impartial and for good administrative justice. Furthermore, the Applicant states that “the Court should have taken into account the interest of the minors, their physical and physiological development, their health and education, interests that are primary when taking a decision.” The Applicant further requested the Court to impose interim measures, On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant has neither built nor shown a prima facie case either on the merits or on the admissibility and, therefore, the request on interim measures must be rejected as ungrounded and the Referral declared inadmissible as manifestly ill-founded