Constitutional Court

The Applicant filed the Referral based on Article 117,3 of the Constitution of Kosovo, claiming that by decision of the Supreme Court of Kosovo Rev, No, 24/2008 affirming the decisions of the lower court instances, which had affirmed the transfer of the property of a portion of the land from public ownership into private, had a negative impact in another part of the land owned by other residents of the village, one of whom is the Applicant, Therefore, it is alleged that it resulted in violation of Article 46 [Protection of Property] and Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, From the Applicant’s submission, the Court concluded that the Referral was submitted to the Constitutional Court on 31 July 2012, while the return receipt of the decision of the Supreme Court, allegedly violating Applicant’s rights, is dated 15 February 2012, Consequently, it appears that the Referral was submitted to the Constitutional Court 5 months and 16 days after the Supreme Court decision was received, Therefore, the Court declared the Referral inadmissible, since it was submitted after the time limit provided by Law on Constitutional Court and Rules of Procedure of the Court