Constitutional Court

The applicant, Mr. Baki Musa, filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Decision of the Supreme Court, Pzd. no. 135/2010, of 21 January, as being taken in violation of his rights guaranteed by Articles 24 [Equality Before the Law] and 31 [Right to Fair and Impartial Trial] of the Constitution, because “[…] the Municipal Court and the District Court rendered a judgment with procedural errors, the complaint of the public prosecutor not having been communicated to him.”
On the issue of the admissibility of the Referral, the Court held, that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure.