Constitutional Court

KI26/18, Applicant: Jugokoka, Constitutional review of Judgment [GSK-KPA-A-71/2015] of the Supreme Court of Kosovo – the Appellate Panel of Kosovo Property Agency, of 27 July 2017 

KI26/18, Resolution on 30 October 2018, published on 6 November 2018

Keywords: individual referral, manifestly ill-founded,

The Applicant claimed to be the owner of a business premise located at the address “Dardania” in Prishtina, and for that he had followed the legal proceedings in the regular courts claiming that he lost possession of this premise due to the circumstances that occurred in the 1998-1999.

On 22 February 2007, the Municipal Court in Prishtina was declared incompetent for the Applicant’s case and sent the case to the KPA. The Kosovo Property Claims Commission of the KPA rejected the Applicant’s claim, and later the Appellate Panel rejected the Applicant’s complaint as unfounded on the grounds that the Applicant did not prove its property right and did not prove that it could not exercise the right to property because of the circumstances that occurred in 1998-1999.

The Applicant’s allegations before the Constitutional Court are, inter alia, that the regular courts have violated its constitutional right to fair and impartial trial because, according to it, in essence all were declared incompetent.

The Constitutional Court, in this case, decided to declare the Applicant’s Referral inadmissible as manifestly ill-founded on constitutional basis, inter alia by stating that the Appellate Panel explained to the Applicant that the uncertified contract in the court that he had brought as evidence before the regular courts, does not consist of the alleged property right.