Constitutional Court

In this case, the Applicant challenges the judgment of the Supreme Court of Kosovo, Rev, 78/2008, of 2 March 2011 alleging that pursuant to Article 54 of the Constitution of the Republic of Kosovo, everyone enjoys the right of judicial protection if any right guaranteed by this Constitution or by law has been violated or denied and has the right to an effective legal remedy if found that such right has been violated, Therefore, based on the foregoing, the applicant files the present Referral with the Constitutional Court of the Republic of Kosovo demanding: a) Protection of human rights due to violations of human rights guaranteed by the Constitution and national laws, and b) Protection due to violations of human rights as guaranteed by international instruments and agreements which are directly applicable in the Republic of Kosovo, After having reviewed the case in its entirety, the Court found that the relevant proceedings in the Supreme Court were not in any way unfair or arbitrary (see mutatis mutandis, Shub v, Lithuania, ECHR Decision on Admissibility of Application No, 17064/06 of 30 June 2009), The Constitutional Court reiterated that it is not a court of fourth instance, when considering the decisions taken by the lower instance courts, As a conclusion, the Court finds that the Applicant’s Referral does not meet the admissibility requirements, as the Applicant has failed to prove that the challenged decision has violated his rights and freedoms guaranteed by the Constitution, Therefore, the Court declared this Referral inadmissible as manifestly ill-founded