Constitutional Court

The Applicants filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the decision of the Municipal Assembly of Prizren No. 01/011-4539 dated 18 June 2009 whereby municipal property, i. e. agricultural land with the surface of 5 – 6 hectares, located alongside the local road to the village of Nashec, registered as social property of the Prizren MA, was lent without compensation for the construction of school facilities to the educational-schooling centre “Gulistan”, and the evaluation of the contracts which stem out of this agreement, requesting the court to annul this unlawful decision and contracts signed based on this decision.

The Applicant claimed that Articles 3 [Equality before the Law], 24 [Equality before the Law], 46 [Protection of Property] and 52 [Responsibility for the Environment] of the Constitution of Kosovo were violated.

Deciding on the Applicant’s, Ridvan Hoxha’s, Referral, the Constitutional Court, after reviewing the proceedings in their entirety, concluded that the Applicant didn’t present any arguments proving that he was a direct victim of taking this decision and the contracts signed pursuant to it. Kosovar constitutional-legal framework doesn’t prescribe “actio popularis”, which is a possibility of individual complaints for every individual seeking to protect the public interest and the legal order by addressing the Constitutional Court on such violation, although such a person doesn’t have the status of a victim.

Before the foregoing, the Court concluded that the Applicant is not an authorized party to challenge the constitutionality of the decision of the Municipal Assembly and contracts signed pursuant to it in abstract and therefore declared this Referral as inadmissible without considering the content of the Applicant’s claims.