Constitutional Court

KI 159/11 dated 20 July 2012- Constitutional Review of Judgment of Supreme Court of the Republic of Kosovo Pn. no. 530/2011, dated 13 October 2011 Case KI 159/2011, decision dated 13 July 2012

Keywords: criminal dispute, individual Referral, manifestly illfounded Referral.

The Applicant submitted the Referral based on Article 113·7 of the Constitution, alleging that by the District Court Judgment and judgments of the Supreme Court were violated his constitutional rights guaranteed by Article 31 1 [The right to Fair and Impartial Trial], Article 32 [The Right to Legal Remedies], Article 33 [The Principle of Legality and Proportionality in Criminal Cases]; and Article 53 [Interpretation of Human Rights Provisions] of the Constitution. The Court considered that the Applicant has not explained how and why the Judgment of the Supreme Court violated his constitutional rights guaranteed by Articles 31, 32, 33 and 53. The mere disagreement with the Judgment coupled with the enumeration of some constitutional provisions is not enough to build a case on constitutional violation. The Court had concluded that the Applicant‟s Referral did not meet the requirements for admissibility as foreseen in the combined legal provisions of Article 113 (1) of the Constitution, Article 48 of the Law and the Rule 36.2 (b) and (d) of the Rules of Procedure and thus the Referral is manifestly ill-founded and must be rejected as inadmissible. The Court cited the Case no. KI 13/09, Sevdail Avdyli against Judgment of Supreme Court A. No. 533/2006 and Judgment of Supreme Court A. No. 533/2006. Prishtine.