Constitutional Court

KI75/18, Applicant: Ilmi Behrami and Fatime Behrami-Parduzi, Constitutional review of Judgment No. AC-I-17-0086-A0001 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of 1 February 2018 

KI75/18, Resolution on Inadmissibility, of 7 February 2019, published on 20 March 2019

Keywords: Individual referral, right to fair and impartial trial, manifestly ill-founded

On 1 February 2018, the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters by Judgment No. AC-I-17-0086-A0001, rejected as ungrounded the Applicants’ appeal filed against the Decision of the Specialized Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, considering the latter as fair and responded to all allegations of the Applicants.

In their referral, the Applicants alleged that the challenged decision was rendered in violation of their rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution.

In essence, the Applicants alleged that the Appellate Panel in the reasoning of Judgment No. AC-I-17-0086-A001 of 1 February 2018, in the factual circumstances always refers to the erroneous number for the cadastral parcel no. 1272-0 despite the fact that this technical error has been clarified many times.

The Court found that the Applicants had not submitted any evidence, facts or arguments that show that the proceedings before the Appellate Panel have in some way constituted a constitutional violation of their rights guaranteed by the Constitution, namely the right to fair and impartial trial.