Constitutional Court

The Applicant submitted his Referral based on Article 113.7 of the Constitution, alleging that by the Judgment of the Supreme Court his constitutional rights guaranteed by Article 49.1, and Article 23 of the Universal Declaration of Human Rights in conjunction with Article 21.1 [General Principles] of the Constitution and Article 6 of ECHR, Regarding this, the Court assesses that the Applicant has neither substantiated nor provided convincing evidence that the Supreme Court has arbitrarily violated his rights. The Court recalls that the assessment of the legality of decisions issued by lower instances is within the purview of the Supreme Court; it is the task of lower instance courts to completely and correctly determine the factual situation and implement the substantive law in conformity with the established circumstances of the case to avoid possible violations of rights guaranteed by the applicable legislation and the Constitution. Based on these reasons, the Court finds that Applicant’s Referral does not fulfill the requirements of Article 46 of the Law and Rule 36.2 (b), and as such, it is manifestly ill-founded.

The Court also noticed that the Applicant has established a new contract with the Municipality of Gjilan, since the municipality is obliged to reinstate the Applicant to work pursuant to Resolution E. nr. 1/2009, of the Municipal Court in Gjilan, on the execution of Judgment C. Nr. 540/07, of 14 July 2008.

But, the Applicant has not proved that he has exhausted all available legal remedies with regards to the challenge of new contract concluded with the Municipality of Gjilan, before he filed Referral to the Constitutional Court. In sum, the Court concluded that the Applicant’s Referral did not fulfill admissibility requirements pursuant to Articles 46 and 47.2 of the Law, and Rules 36.1 (a) and 36.2 (b) of the Rules of Procedure