Constitutional Court

Applicants filed a referral before the Constitutional Court, requesting it to assess the constitutionality of an amendment of the decision of the Municipal Assembly of Prizren, which decided to build several multi-storey buildings instead of green areas in their neighbourhood. Applicants challenged the above-mentioned decision claiming that such a decision violated their rights to influence decisions related to their living environment, as provided under Article 52.2 of the Constitution. Applicants claimed that the Municipality had failed to inform them properly and to take into account continuous remarks of citizens related to this decision. Simultaneously, applicants requested the Court to grant interim measures in order to stop any action or work of the Municipality in constructing multi-storey buildings, with a view to avoiding any irrecoverable damage.

The Court decided to allow interim measures, and suspended the execution of the challenged decision, after finding that the applicants had offered convincing arguments that request for interim measures was reasonable and justified, and that the implementation of the challenged decision may cause irrecoverable damage for applicants