Constitutional Court

The Applicant submitted Referral pursuant to Article 113.7 and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law no. 03/L-121 on Constitutional Court of the Republic of Kosovo, dated 15 January 2009, On 21 January 2012, the Applicant submitted Referral to the Constitutional Court, On 14 February 2011, the President appointed Judge Gjyljeta Mushkolaj as the Judge Rapporteur and the Review Panel composed of Judges Robert Carolan (Presiding), Snezhana Botusharova and Enver Hasani, The Applicant filed a lawsuit with the Municipal Court in Kamenica, for reestablishment of his employment relationship and for compensation of his personal income from 1 October 1990, On 7 October 1997, the Municipal Court of Kamenica decided (Judgment P. No. 79/96) to oblige SE “IMKOS” to compensate the Applicant for the period after the temporary-dismissal with a sum of 78,20 dinars with legal interest, The judgment of the Municipal Court in Kamenica was not executed in absence of the certificate that judgment is final and binding and, consequently, the Applicant did not realize the right of compensation. The Applicant addressed the Municipal Court in Kamenica, requesting continuation of proceedings in order to execute the abovementioned Judgment, On 06 May 2005, the Municipal Court in Kamenica informed the Applicant that “the Judgment you [the Applicant] have requested to be enabled final and binding, due to the lack of judiciary files for the moment no verification can be made ( . ..)”, From February 2001 until July 2005, the Applicant, again in order to execute the judgment of the Municipal Court in Kamenica, started different proceedings before the District Court of Gjilan, Municipal Court in Kamenica, the Ombudsperson and the Special Chamber of the Supreme Court of Kosovo, In addition, on 1 July 2005, the Applicant filed a request with the Supreme Court of Kosovo in order to put pressure on the Municipal Court in Gjilan to issue the certificate that the judgment C. No. 79/96 of the Municipal Court in Kamenica, dated 7 October 1997, is final and binding, Taking into account these two legal provisions, it must be concluded that the temporal jurisdiction of the Constitutional Court for earlier cases starts on the date of the Constitution entered into force, which was on 15 June 2008, and ends on 15 May 2009, meaning four months (see Article 49 of the Law) after the entering into force of the Law, which happened on 15 January 2009, Taking into account all circumstances of the submitted Referral, the Constitutional Court of the Republic of Kosovo pursuant to Article 113.1 and 113.7 of the Constitution, Article 46, Articles 47 and 48 of the Law and Rules 36 (1a) i 36 (3c) of the Rules of Procedure, in the session held on 17 January 2012, decided that unanimously reject the Referral as inadmissible