Constitutional Court

The Applicant submitted the Referral based on the Articles 113.7 and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo dated 15 January 2009.
The Applicant submitted the Referral to the Constitutional Court on 21 April 2011.
On 21 April 2011 the President appointed Kadri Kryeziu as Judge Rapporteur and a Review Panel composed of Judges: Snezhana Botusharova, Prof .Dr. Enver Hasani and Dr. Gjyljeta Mushkolaj.
On 25 July 2001, the Municipal Court in Vitia by Judgment, C.nr. 53/2001, confirmed the priority right of the Applicant to buy the cadastral parcel no. 3089/1.
The Municipal Court ordered the N.A. to comply with the transfer of ownership rights of the contested cadastral parcel.
On 23 October 2001 the District Court of Gjilan in its Decision AC.nr.128/01 rejected an appeal by J.S. and N.A. and confirmed the Judgment C.nr.53/2001.
On 6 February 2002 the Supreme Court by its Judgment, Rev.nr. 11/2002, approved the revision of J.S. and N.A. and quashed the Decision of the District Court of Gjilan, Ac.nr.128/2001
The Supreme Court after reviewing the appealed Judgment found the revision grounded because of erroneous application of the material right in the case.
The Applicant alleges that when the Supreme Court of Kosovo in its Judgment Rev.nr.11/2002 of 6 February 2002 unfairly applied the LTIP it violated several of his Constitutional rights; his right to equality before the law guaranteed by Article 24 of the Constitution, his right to a fair trial under Article 31 of the Constitution, his right to judicial protection as guaranteed by Article 54 of the Constitution, and his rights under Article 22 of the Constitution because his right to a fair trial under Article 6 Paragraph 1 of the European Convention of Human Rights was not respected.
After the Court reviewed the documents in the referral it appears that the Judgment of the Supreme Court of Kosovo AC.nr. 128/2001 was adopted on the 6 of February 2002 which was prior to the Constitution entering into force e (which took place on 15 June 2008).

The Court cannot deal with the a Referral relating to events that occurred before the entry into force of the Constitution (see, the Court’s Resolution on Inadmissibility in Case no. 18/10, Denic et al of 17 August 2011).

Taking into account all circumstances of the submitted Referral, the Constitutional Court pursuant to Article 113.1 and 113.7 of the Constitution, Articles 46, 47 and 48 of the Law and Rule 36 (1a) and 36 (3c). of the Rules of the Procedure, in the session held 29 November 2011 unanimously decided to reject the Referral as inadmissible.