Constitutional Court

The Applicant submitted the Referral in compliance with Article 113.7 of the Constitution of Kosovo, alleging that by decision of the Supreme Court of the Republic of Kosovo Rev.No.184/2008 dated 27 January 2009, was violated his right to work pursuant to Article 49.1 of the Constitution.

The Applicant had submitted another Referral in the Constitutional Court on 19 December 2009 for the same matter, which was registered under the no. KI74/09. The Applicant had employment contract with KEK-un, which was terminated on 24 April 2006.

The Applicant initiated judicial proceedings at the Municipal Court in Lipjan, after this at the District Court in Prishtina and the Supreme Court.
The Supreme Court (Rev. no. 184/2008) annulled the judgments of District Court and of the Municipal Court, thereby upholding the dismissal of the Applicant from employment with KEK.
The Constitutional Court concludes that the Referral registered under no. 64/11 does not provide sufficient grounds for a new decision pursuant to Rule 36 (3) (e) of the Rules of Procedure.
The Court maintains the conclusion on inadmissibility reached in the Resolution made in the Referral 74/09, because it was and it still is out of time, as provided by Article 49 of the Law.