Constitutional Court

KI 140/11 dated 24 July 2012- Constitutional review of the Judgment of the Supreme Court of Kosovo Rev. 383/2008, dated 10 June 2011

Case KI 140/11, decision dated 12 July 2012

Keywords: Independent Oversight Board, local governance, individual Referral, manifestly ill-founded referral, individual rights and freedoms, right to work and exercise profession

The Applicant submitted the Referral based on Article 113·7 of the Constitution, alleging that his constitutional rights were violated by the Judgment of the Supreme Court of Kosovo, by which were upheld the decisions of the District Court and of the Municipal Court in Gjilan. The Applicant alleged that the Supreme Court has violated his right guaranteed by Article 49 of the Constitution of the Republic of Kosovo, for the right to work and exercise profession. The Court concluded that the Referral of the Applicant is inadmissible pursuant to Rule 56.2 of the Rules of Procedure, because the Applicant had not submitted any prima facie evidence that indicate violation of the constitutional rights. The Court reasoned its decision by reiterating that it is not its task under the Constitution to act as a court of appeal, or a court of fourth instance, in respect of the decisions taken by ordinary courts. Citing the ECtHR decision in the Case Vanek v. Slovak Republic, the Court further reasoned that after examining the procedures in the regular courts in entirety, the Court does not find any indication that the proceedings before Supreme Court were in any way unfair or tainted by arbitrariness and that the Supreme Court provided sufficient reasons on why it has supported the decision of the District Court and Municipal Court in Gjilan. Due to abovementioned reasons, the Court decided to reject the Applicant‟s Referral as inadmissible.