Constitutional Court

KI 137/17 Applicant: Ramadan Gashi, Constitutional review of Decision Rev. No. 165/2017 of the Supreme Court of Kosovo, of 14 September 2017

KI137/17, Resolution on inadmissibility of 15 May 2018, published on 13 June 2018

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

The Referral is based on Article 113.7 of the Constitution, Article 47 of Law no. 03/L-121 on the Constitutional Court of the Republic of Kosovo, and Rule 29 of the Rules of Procedure of the Constitutional Court of the Republic of Kosovo. This case concerns a property dispute initiated in 1994 with the Municipal Court of Prishtina in order to confirm the ownership over several parcels. Afterwards, the court proceedings went through all the stages of regular procedure. This judicial dispute was finally decided on by the decision of the Supreme Court which rejected the Applicant’s request for revision as inadmissible.

The Applicant alleges that the Supreme Court denied him the right to fair and impartial trial, guaranteed by Articles 3 and 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 demonstrate that the relevant proceedings had been, in any way, unfair or arbitrary. In fact, the Applicant did not substantiate with evidence his allegation that his rights and freedoms guaranteed by the Constitution and ECHR were violated by the challenged decisions.

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

The Court, therefore, considers that the Referral is manifestly ill-founded on constitutional grounds and is to be declared inadmissible.