Resolution

Request for Constitutional review of the Judgment of the District Court in Prizren Ac. No. 293/2010, of 23 March 2011.

Case No. KI 107/11

Applicant: Hamzi Bylykbashi, and others

The Applicant submitted referral based on Article 113.7 of the Constitution, alleging that by the Judgment of the District Court in Prizren, Ac. no. 293/2010 dated 23 March 2011 his rights guaranteed by the Constitution of the Republic of Kosovo, under Article 49 (Right to Work and Exercise Profession) and Article 41 of the European Convention on Human Rights (Just satisfaction) have been violated.

The Applicant requests constitutional review of Judgment of the District Court in Prizren, Ac. no. 293/2010 dated 23.3.2011, by which this Court rejected the proposal of the representative of the applicants, addressed to this court for repeating of the completed procedure by the Judgment of Municipal Court in Suhareka C. no. 423/2004 dated 23 November 2004, and amended by the Judgment of the Supreme Court Rev. no. 31/2007, dated 14 June 2007.

Deciding upon the Referral of the Applicant, after the review of the proceedings in entirety, the Constitutional Court did not find elements of arbitrariness, or alleged violations of human rights, as the applicants had claimed.

The Constitutional Court concluded that the Referral is manifestly ill-founded pursuant to the Rule 36 paragraph 2. item c and d) of the Rules of Procedure.

Applicant:

Hamzi Bylykbashi, and others

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil