Constitutional Court

KI 113/17, Applicant: X, Request for constitutional review of Decision Rev. A. (U) No. 13/2017 of the Supreme Court, of 4 August 2017

KI 113/17, Resolution, inadmissible referral, published on 23 April 2019

Keywords: Individual referral, right to fair and impartial trial, the rights of children, manifestly ill-founded,

On 29 June 2011, the Applicant was returned by the Swedish authorities to Kosovo, after spending about a year trying to benefit from the refugee status there.

Upon return, the Applicant filed a request with the authorities of the Municipality where he resided and those of the central level to realize the benefits of repatriation status and at the same time requested the construction of a residential house.

On 27 June 2014, the Central Commission for Reintegration (CCR) and on 22 July 2014, the Appeals Commission for Reintegration as a second instance rejected the Applicant’s request.

The Applicant, unsatisfied with the administrative decisions of the MIA commissions, initiated the administrative conflict proceedings by the lawsuit and on 24 November 2016, the Basic Court in Prishtina, by Judgment A. No. 1643/2014 rejected the Applicant’s statement of claim as ungrounded, whereas on 31 May 2017, the Court of Appeals, by Judgment AA. No. 91/2017, rejected as ungrounded the Applicant’s appeal and upheld the Judgment of the Basic Court.

To the Applicant were also rejected the extraordinary legal remedies presented as a request for revision by the Supreme Court by Decision Rev. A. (U) No. 13/2017, of 4 August 2017, which was rejected as inadmissible as well as the request for protection of legality by the Office of the Chief State Prosecutor, which by notification KMLA. No. 12/17 of 15 September 2017, was declared as ungrounded.

After reviewing the Applicant’s allegations, the Court did not find that the challenged decisions, neither the administrative decisions nor those of the regular courts, are indicative of constitutional violations, therefore, in accordance with Rule 39 (2) of the Rules of Procedure, declared the Referral inadmissible as manifestly ill-founded.