Resolution

Muhamet Bucaliu vs. Decision KMLC.no. 09/10 of 24 February 2010 of the State Prosecutor

Case No. KI 20/10

Applicant: Muhamet Bucaliu

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The applicant filed a referral whereby he claims that the Municipal Court in Ferizaj did not take a decision in relation to the law suit within the deadline and that he did not receive the execution decision, He states that by acting in such a manner the right to a fair and impartial trial, the right to legal remedies and judicial protection of his rights were violated, At the same time, the applicant requested granting interim measures in order to suspend the executive procedure in relation to his property in order to avoid any risk for irrecoverable damage, The Constitutional Court decided to reject applicant referral as inadmissible with a reasoning that the applicant failed to prove that he has exhausted all legal remedies foreseen by the law, Furthermore, the Constitutional Court decided to reject applicant’s referral for interim measures with reasoning that he did not present any convincing evidence in support of the argument that he will suffer irrecoverable damages should his request for interim measure be denied

Applicant:

Muhamet Bucaliu

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil