Constitutional Court

KI38/18 Applicant: Slobodan Vukašinović, constitutional review of Judgment Rev. No. 439/2016 of the Supreme Court of Kosovo of 9 November 2017

KI38/18, resolution on inadmissibility of 10 October 2018, published on 22.11.2018

Keywords: individual referral, constitutional review of challenged decision of the Supreme Court, manifestly ill-founded.

The Referral is based on Article 113.7 of the Constitution, Articles 27 and 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 54 of the Rules of Procedure of the Constitutional Court.

This case is a property dispute initiated in 2002, before the Municipal Court in Prishtina, for confirmation of ownership of the immovable property that was registered in the cadastral records of the Applicant.

After this, this court proceeding went through all stages of the regular procedure.

This court dispute culminated with the Judgment of the Supreme Court, which approved the revision and modified the judgments of the Basic Court and the Court of Appeals, in a way that it approved the request for confirmation of the ownership and obliged the Applicant to accept this right and to allow the claimant to register the ownership right in the cadastral books.

The Applicant alleges that the Supreme Court violated the General Principles of the Judicial System, the right guaranteed by Article 102, as well as it denied him the right to  fair and impartial trial guaranteed by Article 31 of the Constitution of the Republic of Kosovo and Article 6 of the European Convention on Human Rights.

The Court notes that the Applicant did not show that the relevant proceedings were in any way unfair or arbitrary. In fact, the Applicant did not substantiate by evidence that the challenged decisions violated his rights and freedoms guaranteed by the Constitution and the ECHR.

Therefore, the Court considers that the Applicants’ Referral did not meet the admissibility requirements established by the Constitution, further specified by the Law and foreseen by the Rules of Procedure.

Therefore, the Court considers that on constitutional basis, the Referral is manifestly ill-founded and is to be declared inadmissible.