Resolution

Constitutional review of Decision AC-I-12-0037-A0001-5 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters of 6 October 2016

Case No. KI 61/17

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Summary

KI61/17, Applicant: Miladin Rašović, Constitutional review of Decision AC-I- 12-0037- A0001-5 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters of 6 October 2016

 KI61/17, Resolution on inadmissibility of 28 February 2018, published on 30 April 2018

Key words: Individual referral, right to fair and impartial trial, languages, manifestly ill-founded

On 6 October 2016, by its Judgment AC-I- 12-0037- A0001-5, the Appellate Panel approved the PAK appeal filed against Specialized Panel Judgment SEL-09-0015 of 14 May 2012, thereby removing the Applicant’s name from the list of names of beneficiaries of part of proceeds generated from the privatization of Socially-Owned Enterprise UTVA in Peja.

The Applicant alleged before the Constitutional Court that he had received the PAK appeal, filed against Specialized Panel Judgment SEL-09- 0015, of 14 May 2012, only in Albanian language and that he had notified the SCSC of this issue, but the translated appeal was never served on him. The Applicant further alleges that he has never been served with the challenged decision and that he was informed of its content indirectly by one of his colleagues.

The Court concluded that the Referral is inadmissible because it was not submitted within the time limit established by Article 113.7 of the Constitution, set forth in Article 49 of the Law, and further specified in Rule 36 (1) (c) of the Rules of Procedure.

Applicant:

Miladin Rašović

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Article 24 - Equality Before the Law , Article 31 - Right to Fair and Impartial Trial

Referrals is filed out of time

Type of procedure followed before other institutions :

Civil