Constitutional Court

The Applicant has filed his referral in compliance with Article 113,7 of the Constitution of Kosovo, challenging the decision of the Supreme Court of Kosovo rev I no, 89/2011 of 05 March 2012, which concluded the immoveable property dispute between the Applicant and third parties in relation to the right of use of apartment, The applicant has alleged violation of basic principle of litigation procedure, “no two trials on the same matter” (Ne bis in idem) since the claimant has initiated procedure in the same court by case C, no, 146/2001, against the Applicant as the respondent, and by decision of the same court, C, no, 146/2001 of 08 May 2002, the claim was rejected as inadmissible, Due to the above, the Applicant alleged that the Municipal Court in Suhareka violated his right to fair and impartial trial, and use of legal remedies, due to the fact that the Municipal Court in Suhareka decided upon a matter which was earlier concluded by judgment and decision, According to the statements of the Applicant, the Court violated the principle Ne bis in idem, and further, by assigning a temporary representative to the Applicant, and failing to meet legal conditions of the LCP, denied access of the Applicant to the trial, Due to the above, the Applicant claimed violation of Articles 21 (General Principles), 31 (Right to Fair and Impartial Trial), 32 (Right to Legal Remedies) and 54 (Right to Judicial Protection) of the Constitution of the Republic of Kosovo, and Article 6 of the European Convention on Human Rights, Deciding upon the referral of applicant Rifat Hamiti, the Constitutional Court, upon review of proceedings, has not found that relevant proceedings were in any way unjust or arbitrary, and that rulings of regular courts were entirely reasoned, Therefore, the Court found that the referral is manifestly ungrounded, since the facts presented fail to corroborate the allegations of violation of constitutional rights