Resolution

Review of Decision of the Municipal Court of Malisheve (C.nr.90/2004), of 10 June 2005 and Judgment of the Supreme Court PKL No 120/08, of 01. 09. 2009.

Case No. KI 119/11

Applicant: Sadri Mazreku

The referral is based on Article 113,7 of the Constitution, Article 22 of the Law and Rule 56 of Rules of Procedure, Th Applicant, among other, claimed that the decisions of regular courts have violated his rights to property, The Court notes that one of the decisions contested by the Applicant had been entered before the entry into force of the Constitution of the Republic of Kosovo, Consequently, this referral does not correspond with the Court’s temporal jurisdiction, Whereas for the other contested decision, the Court found that the referral had been submitted out of the (4) four month time limit and as such is out of time, Due to the above mentioned reasons, the Court pursuant to Article 113 of the Constitution, Articles 49 and 56 of the Law and Rule 36 (1) b) and (3) h) of the Rules of Procedure decided to reject as inadmissible the Applicant’s referral

Applicant:

Sadri Mazreku

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is the Court doesn't have jurisdiction ratione temporis

Type of procedure followed before other institutions :

Civil