Constitutional Court

The Municipal Court in Gjakova found the Applicant guilty of abusing the right to vote pursuant to pertinent provisions of the Criminal Code of Kosovo, The Applicant appealed this decision in the District Court in Peja, and later also in the Supreme Court of Kosovo, The Applicant filed the Referral based on Article 113,7 of the Constitution of Kosovo, claiming that by decision of the Supreme Court PKL, 11/2012, his dignity was violated pursuant to Article 23 of the Constitution in conjunction with Article 31 (4) of the same, since, as he puts forward, he was sentenced on account of an alleged joke, In this case the Court noted that it is not its task under the Constitution to act as a court of appeal, or court of fourth instance, in respect of the decisions taken by ordinary courts, It is the role of the regular courts to interpret and apply the pertinent rules of both procedural and substantive law and that it can only consider whether the evidence has been presented in such a manner and the proceedings in general viewed, in their entirety, have been conducted in such a way that the Applicant had a fair trial, Therefore, having reviewed the documents submitted by the Applicant, the Constitutional Court did not find that the relevant proceedings were in any way unfair or tainted by arbitrariness and declared the Referral manifestly ill-founded