Constitutional Court

KI39/18 Applicant: Bujar Hoti: Constitutional review of Decision C. No. 180/08 of 19 September 2014, and Judgment C. No. 203/18 of 5 September 2018, of the Basic Court in Prishtina-Branch in Gllogoc 

KI39/18 Resolution on Inadmissibility, of 4 September, published on 24 September 2019

Keywords: Individual referral, civil matter, non-exhaustion of legal remedies.

The Applicant alleges that the challenged court decisions violated his fundamental rights and freedoms guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution.

The Applicant’s entire allegation is based on the fact that according to him he concluded a sale-purchase contract for a residential building in Gllogoc with person M.K. under the threat and by force.

The Applicant initiated on 29 November 2001 the administrative proceedings before the UNMIK Housing and Property Claims Commission (HPCC), which rejected to deal with the case by delegating the matter to the competent local court.

The local courts issued a number of decisions on the case, mainly such that did not decide the merits of the case but dealt with the procedural issues.

Finally, on 5 September 2018, the Basic Court in Prishtina-Branch in Gllogoc decided on the merits of the request based on the claim supplemented by the Applicant and by Judgment C. No. 203/18 rejected the statement of claim as ungrounded.

On 26 September 2018, the Applicant filed an appeal against this Judgment with the Court of Appeals and based on the case file, the Court cannot find that any court decision was taken regarding the appeal.

For the aforementioned reasons, the Court finds that the Applicant’s Referral does not meet the admissibility requirements as the Applicant has not exhausted legal remedies under Article 113.7 of the Constitution, Article 47 paragraph 2 of the Law and Rule 39 (1) (b) of the Rules of Procedure.

In the circumstances of the case, when the Applicant’s Referral is premature, the Court cannot examine the allegation of a violation of the right to property, all the more when the property case is the subject of review before the Court of Appeals of Kosovo.

In conclusion, in accordance with Article 113.7 of the Constitution, Article 47 paragraph 2 of the Law and Rule 39 (1) (b) of the Rules of Procedure, the Applicant’s Referral was declared inadmissible because the Applicant had not preliminarily exhausted legal remedies.