Constitutional Court

The Applicant, a joint stock company, filed a Referral pursuant to Article 113.7 of the Constitution, contending that its rights under Articles 7 and 46 of the Constitution, as well as various provisions of the European Convention on Human Rights and Fundamental Freedoms, were infringed by a decision of the Kosovo Privatization Agency privatizing the company, which had been transformed in 1991 from a “Socially Owned Enterprise” to a privately owned company in which the employees held shares. The Applicant argued that privatization of the company was unjust and unlawful because its previously transformation was in accordance with the law applicable in 1991, The Applicant requested for interim measures, The Court held that the Referral was premature and inadmissible pursuant to Article 113.7 of the Constitution and Article 47.2 of the Law on the Constitutional Court because two aspects of the matter were pending before the Trial Panel of the Special Chamber of the Supreme Court, emphasizing that the rationale for the exhaustion rule was based on the assumption that the Kosovo legal system will provide an effective remedy for constitutional violations, citing AAB-RIINVEST University L.L.C. vs. the Government of Kosovo and Selmouni v. France. Finally, the Court denied the request for interim measures pursuant to Rule 54.1 of the Rules of Procedure due to the inadmissibility ruling