Constitutional Court

The Applicant filed the Referral pursuant to Article 113,7 of the Constitution of Kosovo requesting the Constitutional Court to assess constitutionality of the resolution of the Municipal Court in Prizren P, No, 208/09 dated 15 June 2011, Subject matter is the property-legal dispute which was raised after the request for determining the right of ownership over the disputed immovable property between the Applicant and third parties, The Applicant considered that the court’s decision to separate the case dealing with two conferring claims amount to violation of law because the law doesn’t tolerate to have separate decision taking for conferring claims, Therefore, the Applicant considered that the resolution in the minutes, rendered by the trial judge, is discriminatory because with it the case flow was blocked and against which there is no legal remedy, The Applicant considered that Article 31 [Right to a Fair and Impartial Trial] of the Constitution and Article 6 [Right to a Fair Trial] of the ECHR were violated, Deciding on the Applicant’s, Pjeter Oroshi’s, Referral, after reviewing the proceedings in their entirety, the Constitutional Court concluded that individuals may initiate proceedings if their rights and freedoms guaranteed by this Constitution have been violated by acts of public authorities, but only after exhausting all other legal remedies prescribed by law