Constitutional Court

KI29/20, Applicant: Gegë Palushaj, Constitutional review of Judgment AC-I-15-0179-A0001 of the Appellate Panel of the Special Chamber of the Supreme Court on the Privatization Agency of Kosovo Related Matters, of 16 January 2020

 KI29/19, Resolution on Inadmissibility, of 10 February 2021, published on 11 March 2021

Key words: individual referral, civil procedure, right to a fair trial, manifestly ill-founded referral, inadmissible referral

Before the Constitutional Court, the Applicant challenged Judgment AC-I-15-0179-A0001 of the Appellate Panel of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of 16 January 2020, alleging violation of his rights guaranteed by Articles 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo (hereinafter: the Constitution) and Article 6 of the European Convention on Human Rights.

The Court, after analyzing the allegations of the Applicant, considered that the Referral of the Applicant fails to prove that the relevant panels of the SCSC acted arbitrarily or unfairly. Furthermore, the Court considered that based on the case file and the allegations of the Applicant, the Specialized Panel and the Appellate Panels of the SCSC provided detailed and clear reasons when deciding upon the case, including the reasons over which they rejected the appeal of the Applicant as not grounded in law. No constitutional matter has been raised by the Applicant that could make the proceedings “irregular” in its entirety, in terms of Article 31 of the Constitution.

In these circumstances, the Court found that the Applicant has not substantiated by evidence nor has it sufficiently substantiated its allegation of violation of human rights and fundamental freedoms guaranteed by the Constitution and the ECHR, because the presented allegations and the facts do not in any way show that the panels of the SCSC had denied him those rights. Therefore, the Referral is manifestly ill-founded on constitutional basis and must be declared inadmissible, in accordance with Rule 39 (2) of the Rules of Procedure.