Constitutional Court

The applicant filed the referral on behalf of the Organizing Council “Justice for the Kicina case” pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that constitutional rights and freedoms of individuals the Applicant claimed to represent, were violated by judgments of ordinary courts, by which the individuals were sentenced to imprisonment, upon being found guilty, inter alia, of having committed the criminal offence of murder. The Applicant claimed that ordinary courts had violated the rights and freedoms of individuals guaranteed by Articles 21, 22, 29, 31 of the Constitution of Kosovo, and Article 6 of the European Convention for Protection of Human Rights and Freedoms.

The Court found that the referral of applicant was inadmissible, pursuant to the Article 113.1 of the Constitution, since the Applicant was not an authorized party. The Court argued in its decision that the parties filing referrals in the Court must be authorized parties, and must prove that they have been directly affected by a normative act or disputed decision. Quoting its case law in the case no. KI51/10, Živić Ljubiša, constitutional review of the decision of the President of the Republic of Kosovo on appointment of Mr. Goran Zdravković as member to the Central Election Commission, as a representative of the Serbian community, the Court further noted that normative acts and decisions cannot be abstractly contesterd, since the Constitution does not provide on actio popularis remedies. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.