Constitutional Court

The Applicant has filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo, challengeing the Decision of Housing and Property Claims Commission (hereinafter: HPCC) HPCC/D/144/2004/C of 27 August 2004 by which it was rejected the Applicant’s claim to allow to her possession over the immovable property located in “Sunny Hill II“.
The Applicant challenges Decision HPCC/D/144/2004/C of 27 August 2004. The Court concluded that the Referral related to events before 15 June 2008, respectively the date when the Constitution of the Republic of Kosovo entered into force. On this basis, the Referral has been filed out of time and it is therefore “ratione temporis” incompatible with the provisions of the Constitution and the Law. For this reason, the Court decided that the Referral was inadmissible in accordance with Rule 36. (3h) of the Rules of Procedure.