Constitutional Court

KI43/18, Applicant: Nuredin Ferizi, Constitutional review of Decision [Rev. No. 404/2016] of the Supreme Court of Kosovo of 13 February 2017 

KI43/18, Resolution of 7 November 2018, published on 9 November 2018

Keywords: Individual referral, out of time referral 

The Applicant filed a claim with the Basic Court in Mitrovica – Branch in Skenderaj against the Government of the Republic of Serbia, for compensation of material and non-material damage caused to him during the war.

The regular courts were declared incompetent to decide on this matter and in the end, the Supreme Court reasoned that the norms of international law apply to this case, for which the domestic court is not competent to decide.

The Applicant alleged before the Constitutional Court that his rights under the Constitution, namely Articles 21, 22, 53 and 54, have been violated. The Applicant alleged that he was not able to bring his Referral to the Constitutional Court in time, claiming that he was late without his fault.

The Constitutional Court, referring to the provisions of the Law and the Rules of Procedure and based on the acknowledgment of receipt, indicating the date when the final decision was served on the Applicant, declared the Referral inadmissible.