Constitutional Court

KI206/18, Applicant: Fatos Deva, Constitutional review of Decision Ac. No. 3464/2018 of the Court of Appeals of 9 November 2018

KI206/18, Resolution of 14 June 2019, published on 18 June 2019

Keywords: individual referral, manifestly ill-founded 

The Applicant had entered into a Flexi Loan Agreement with a bank, which included an Annex to the Pledge Annex Agreement. As a consequence that the Applicant did not comply with the agreement, the Bank (lender) filed a Proposal for Enforcement with the first instance court.

The Municipal Court in Gjakova by Decision Ekz. No. 18/12 allowed the enforcement and obliged the Applicant to pay the debt. The Applicant during the proceedings before the regular courts, inter alia, alleged that the pledge agreement between him and the lender did not present an enforcement document.

The Applicant before the Constitutional Court essentially alleged a violation of his rights guaranteed by Article 31 of the Constitution because, according to him, the regular courts have unlawfully accepted the Pledge Agreement as an enforcement document, and according to him, the contract does not meet the requirements for being an enforcement document.

The Constitutional Court addressed the Applicant’s allegation and found that the latter failed to present evidence, facts or arguments that show that the proceedings before the regular have violated his right to fair and impartial trial, guaranteed by Article 31 of the Constitution, and at the same time clarified that it is the duty of the regular courts to resolve the issues of interpretation of the domestic legal rules.