Constitutional Court

Case KI 86/11, Decision of the Supreme Court of Kosovo dated 1 March 2011

Keywords; individual referral, forth instance, Resolution on inadmissibility.

The applicant alleges that the Judgments of the Municipal Court in Suhareka, District Court in Prizren and the Supreme Court of Kosovo have violated his right guaranteed by the Constitution provided by Article 21 paragraph 1,2,3 and 4, Article 31 paragraph 1 and 2 and in particular Article 46 (Protection of Property). The Constitutional Court in this case has stated that the determination of correct and complete factual situation is a complete jurisdiction of regular Courts, and the Constitutional Court’s role is only to ensure compliance with the rights guaranteed by the Constitution and other legal instruments and therefore can not act as a “fourth instance court.” The Constitutional Court considers that there is nothing in the referral indicating that regular Courts during the examination of the case, lacked impartiality or that the trial was unfair. The Court finds that the referral is inadmissible.