Resolution

Request for Constitutional review of the Decision of the Supreme Court of Kosovo Rev. I. no. 481/2009 dated on 18 October 2011 and Judgment of the Supreme Court of Kosovo Ac. no. 79/2011 dated on 24 November 2011

Case No. KI 09/12

Applicant: Lavderije Telaku

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The Applicant filed the Referral based on Article 113,7 of the Constitution of Kosovo, claiming that the Decision of the Supreme Court Rev,I, nr, 481/2009 and Judgment of the Supreme Court Ac,no,79/2011, concerning a family dispute have violated her rights guaranteed with the Constitution, The Applicant alleges that the consequences of these decisions violate her rights guaranteed with the Constitution of the Republic of Kosovo, without mentioning which specific rights, The Court notes that the Applicant in her Referral stated that the judgments and decisions of the regular courts violated Family Law, respectively provisions regulating the issue of housing, However, the Applicant did not specify which provisions of the Constitution or the Law have been violated, The Constitutional Court reiterated that it is not its task under the Constitution to act as a court of appeal, or a court of fourth instance, in respect of the decisions taken by ordinary courts and that it is the role of the later to interpret and apply the pertinent rules of both procedural and substantive law, The Constitutional Court can only consider whether the evidence has been presented in such a manner and the proceedings in general, viewed in their entirety, have been conducted in such a way that the Applicant had a fair trial, Since the Applicant failed to show why and how the regular courts violated her rights as guaranteed by Constitution, the Court declared the Referral inadmissible

Applicant:

Lavderije Telaku

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Type of procedure followed before other institutions :

Civil