Constitutional Court

The Applicant submitted the Referral based on Articles 113.7 and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo dated 15 January 2009.
The President of the Court appointed Judge Cukalovic as Judge Rapporteur a Review Panel composed by Judges Robert Carolan (Presiding), and Judges Kadri Kryeziu and Iliriana Islami.
On 25 September 2009 the Applicant filed the complaint in the Constitutional Court.
The Applicant considers that Protocol on Police Cooperation constitutes a breach of Articles 18(1), 65 (12) and Article 93(1) of the Constitution.

The Applicant in his referral raised some concerns regarding the respect and exercise of the state sovereignty by the institutions of the Republic of Kosovo and deems that an interpretation by the Constitutional Court would be necessary, with regard to the Protocol on Police Cooperation.

The Court reviewed the Referral of the Applicant and stated that the Constitution of Kosovo does not provide for actio popularis. In other words, an Applicant cannot complain in the abstract about measures by public authorities which have not been applied to them personally, such as is the case before this Court.

In the present case, the Applicant has not presented that it has been directly and currently violated by a public authority in its rights and freedoms guaranteed by Constitution (see Vanek v. Slovak Republic, ECHR Decision as to Admissibility of Application no. 53363/99 of 31 May 2005).

Taking into account all circumstances of the submitted Referral, the Constitutional Court pursuant to Article 113.1 and 113.7 of the Constitution, Articles 46, 47 and 48 of the Law and Rules 36 (1a) and 36 (3c) of the Rules of the Procedure, in the session held on 11 May 2011 unanimously decided to reject the Referral as inadmissible.