Constitutional Court

The Applicants, Prizren Municipal Assembly Deputies from three political parties (LDK, AAK and LDD), filed a Referral and three Supplemental Referrals pursuant to Article 113.7, contending that the Prizren Mayor had repeatedly violated Articles 123.1 (Right to Self-Government) and 124.6 (requiring municipalities to obey the Constitution and laws, and to apply court decisions) of the Constitution on occasions enumerated in the Referrals. The Applicants requested penalization of the Minister of Local Government Administration (MLGA) and the Prime Minister of Kosovo for failure to restrain the Mayor from taking arbitrary actions, and an order requiring the MLGA to initiate the Mayor’s discharg, The Court held that the Referral was inadmissible because groups of Municipal Assembly Deputies were not “authorized parties” within the meaning of Article 113.1 of the Constitution and therefore lacked locus standi, citing Municipal Section of Antilly v. France. It also noted that the Applicants have the ability to file claims to remedy constitutional violations perpetrated on them as individuals