Constitutional Court

KI20/18, Applicant: Zeqir Shamolli and others, Constitutional review of Judgment ARJ.UZVP no. 60/2017 of the Supreme Court of the Republic of Kosovo, of 30 October 2017

KI20/18, Decision on inadmissibility approved on 10 October 2018 and published on 22.11.2018.

Key words: individual referral, values, right to fair trial, protection of property, judicial protection of rights, manifestly ill-founded referral, inadmissible referral.

The Applicants challenged the constitutionality of Judgment ARJ.UZVP no. 60/2017 of the Supreme Court of the Republic of Kosovo, of 30 October 2017.

The Applicants alleged that the decisions of the regular courts had violated their rights guaranteed by Articles 7 [Values], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, and Article 6 [Right to a fair trial] as read in conjunction with Article 13 [Right to effective remedy], and Article 1 of Protocol no. 1 to the European Convention on Human Rights and Fundamental Freedoms.

Having reviewed the Applicants’ referral in entirety, the Court concluded that the Referral had to be rejected as manifestly ill-founded on constitutional basis, because the reasons presented by the Applicants did not, in any way, substantiate their allegations that their constitutional rights had been violated, and that the Applicants had failed to sufficiently substantiate their allegations of constitutional violations. The Court, therefore, concluded that the Referral is manifestly ill-founded on constitutional basis, and declared it inadmissible in line with Rule 39 (2) of the Rules of Procedure.