Constitutional Court

KI204/19, Applicant: Zejnepe Buzhala, Constitutional Review of Resolution Rev. no. 175/2019 of the Supreme Court of 12 June 2019

KI204/19, resolution on inadmissibility of 20 January 2021, published 24 February 2021

Key words; individual referral, constitutional review of Supreme Court resolution, manifestly ill-founded.

The Applicant submitted the Referral pursuant to Article 113.7 of the Constitution, Articles 22 and 47 of Law no. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 32 Rules of Procedure of the Constitutional Court.

On 1 June 2012, the Applicant submitted a petition for recognition of the right to purchase an apartment allocated by the work organization (Preschool Education Centre “Ardhmëria” in the Municipality of Gllogovc) in which she worked.

This procedure went through all instances of regular courts up to the Supreme Court, which fully upheld the first and second instance decision, explaining that the apartment allocated to them for temporary use cannot be acquired the right of permanent residence, respectively acquire housing based on Article 17 of the Law on Tenancy Relations.

The Court notes that despite the Applicant’s allegations that the court decision was unreasonable, there is no claim that the regular courts and the Supreme Court issued a decision that only supported the decision of the Municipality of Gllogovc. In its decision, the Supreme Court declared the Applicant’s complaint inadmissible and examined the merits of the case, focusing on her essential allegations.

The Court further notes that the Applicant does not agree with the outcome of the proceedings before the regular courts. However, the Applicant’s dissatisfaction with the outcome of the proceedings by the regular courts cannot in itself raise a reasoned claim of violation of the right to a fair and impartial trial, respectively violations of the applicable law.

Finally, in relation to the allegations of a violation of Article 32 of the Constitution, Article 5 of the ECHR, as well as Article 14 of the ICCPR, the Court emphasizes that the Applicant alleges a violation of these articles without arguing or justifying their violation by the challenged judgment of the Supreme Court. The Applicant’s allegations are basically based on the violation of Article 31 and Article 6 of the ECHR, and these allegations have already been assessed by the Court as manifestly ill-founded on constitutional grounds.

Accordingly, the Court finds that the Referral is manifestly ill-founded on constitutional grounds and declares it inadmissible pursuant to Article 113.7 of the Constitution, Article 47 of the Law and Rule 39 (2) of the Rules of Procedure.