Constitutional Court

KI19/17, Applicant, Fatos Dervishaj, Referral for the constitutional review of the proceedings being conducted before the Court of Appeals of the Republic of Kosovo in case Ac. no. 953/14 and the Basic Court in Gjakova

 KI19/17, Resolution on inadmissibility of 21 February 2018, published on 11 April 2018.

Key words: Individual referral, right to fair and impartial trial, right to legal remedies, excessive length of proceedings, manifestly ill-founded

On 28 September 2017, the Court of Appeals of Kosovo, after numerous decisions in this case, rendered Decision Ac. no. 953/2014, whereby it annulled Decision C. no. 433/2012 of the Basic Court in Gjakova, of 9 January 2014, and remanded the case to the first-instance court for retrial.

The Applicant alleges before the Constitutional Court that although his case has an execution title, it is currently in proceedings before the Court of Appeals under number Ac. no. 953/14 because the Court cannot successfully reach an outcome after numerous judgments and decisions of the first- and second-instance court, thereby delaying and complicating this property matter.

After being served with Decision Ac. no. 953/2014 of the Court of Appeals, of 28 September 2017, the Applicant alleged that the Decision of the Court of Appeals does not ascertain anything and contains no piece of advice and instructions concerning what the first-instance court should do, and that his case is being delayed and becoming more complex.

The Court found that the Applicant had not sufficiently substantiated his allegation that his fundamental rights guaranteed by the Constitution and ECHR, namely his right to a fair trial within a reasonable time, had been violated, because the facts he had presented did not demonstrate in any way that the regular courts had denied him this constitutional right.