Resolution

Constitutional Review of the Supreme Court Judgment Pkl.nr.125/2012, of 30 November 2012

Case No. KI 10/13

Applicant: Enver Zeneli

The Applicant filed the Referral based on Article 113,7 of the Constitution of Kosovo, claiming that his right to a fair and impartial trial, guaranteed by Article 31 of the Constitution, was violated, The Applicant further requests, even though not explicitly, the Constitutional Court to impose interim measure in his case, by requesting to order the stopping of the execution of the judgment of the first instance court in Prishtina, identified in the file, The Court concluded that the Referral of the Applicant is inadmissible based on Rule 56,2 of the Rules of Procedure because the Court is not to act as a court of fourth instance, when considering the decisions taken by regular courts, It is rather the role of regular courts to interpret and apply the pertinent rules of both procedural and substantive law, Furthermore, taking into account that the Referral was found inadmissible, the Court decided to reject the request for interim measure, since the Applicant merely requests from the Court to impose interim measures, without providing any further argument or relevant documents grounding his request

Applicant:

Enver Zeneli

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Criminal