Constitutional Court

The Applicant filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo, challenging the Judgment of the District Court in Prishtina Ac. no. 601/02 of 15 September 2004 by which it was upheld the Judgment of the Municipal Court in Prishtina C. no. 123/2001 of 18 September 2002 and it was rejected Applicant’s request to be returned to a permanent labor relationship with Kosovo Energy Corporation (hereinafter: KEK) where the Applicant was permanently employed before the outbreak of armed conflict. The Applicant considers that these Judgments have violated her right to work and the right to labor relationship.

The Applicant challenges the Judgment of the District Court in Prishtina Ac. no. 601/02 of 15 September 2004. The Court concluded that the Referral related to events prior to 15 June 2008, respectively the date when the Constitution of the Republic of Kosovo entered into force. Based on this, the Referral has been submitted out of time limit 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 is inadmissible in accordance with rule 36 (3h) of the Rules of Procedure.