Constitutional Court

KI16/19, Applicant: “Bejta Commerce”, Constitutional review of the Judgment [E. Rev. No. 20/18], of the Supreme Court of Kosovo, of 31 July 2018

KI16/19, Resolution on Inadmissibility, adopted on 6 November 2019, published on 3 December 2019

 Keywords: individual referral, civil procedure, manifestly ill-founded referral, inadmissible referral.

The Applicant alleged that at the request of the Municipality of Gjilan, specifically based on an unwritten (oral) contract, in agreement with the President of the Municipality of Gjilan, of 28 December 2011, it performed construction work, namely the road paving, while the Municipality of Gjilan did not perform the financial obligation for the finished work.

Therefore, the Applicant alleged that the Judgment [E. REV. No. 20/2018] of the Supreme Court of 31 July 2018 violated his rights guaranteed by Article 3 [Equality Before the Law], Article 7 [Values] , Article 21 [General Principles], Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 53 [Interpretation of Human Rights Provisions], Article 54 [Judicial Protection of Rights], as well as Article 119 [General Principles] of the Constitution, due to the fact that he did not obtain financial compensation for the work performed.

The Court noted that the Supreme Court had initially rejected the Applicant’s request for revision against the decisions of the lower instance courts for procedural reasons, as the Applicant failed to prove the fact that there was a written contract with the President of the Municipality of Gjilan.

The Court finally held that the Applicant did not substantiate his referral for a violation of any right protected by the Constitution. The Court found that the Applicant’s Referral is manifestly ill-founded and, therefore, inadmissible.