Resolution

Constitutional review of Article 36 of the Law on the Civil Service of the Republic of Kosovo (No. 03/L-149) and Article 4 of the Regulation on Working Hours (No. 05/2010), in conjunction with Articles 2, 20, 28 and 29 of the Law on Labour (No. 03/L-121)

Case No. KI 202/18

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Summary

KI202/18, Applicant: Ejup Qerimi, Constitutional review of Article 36 of the Law on the Civil Service of the Republic of Kosovo (No. 03/L-149) and Article 4 of the Regulation on Working Hours (No. 05/2010), in conjunction with Articles 2, 20, 28 and 29 of the Law on Labour (No. 03/L-121) 

KI202/18, Resolution of 27 March 2019, published on 13 May 2019

Keywords: Individual referral, actio popularis, request for non-disclosure of identity

The Applicant submitted the Referral to the Constitutional Court claiming that Article 36 of the Law on Civil Service and Article 4 of the Regulation on Working Hours in conjunction with Articles 2, 20, 28 and 29 of the Law on Labour are discriminatory regarding the issue of working hours.

The Applicant in his Referral did not submit any documents of the public authority, and requested non-disclosure of identity.

The Constitutional Court, referring to the constitutional provisions, explained to the Applicant that the constitutional text and the case law of the Constitutional Court do not recognize the right of individuals to challenge in abstracto the acts of general character.

Therefore, the Constitutional Court decided that the Referral is to be declared inadmissible on constitutional basis, because it was not submitted by an authorized person. Regarding the request for non-disclosure of identity, the Constitutional Court decided that there is no basis for approving this request.

Applicant:

Ejup Qerimi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution