Constitutional Court

KI03/18, Applicant: Aziz Morina, Constitutional Review of Decision, Rev.no.150/2017 of the Supreme Court of Kosovo, of 29 June 2017

 KI03/18, Resolution of 23 May 2018, published on 7 June 2018

Keywords: out of time referral

The Applicant was an employee of the Ministry of Justice. In 2007, the employer decided to terminate the employment relationship because the Applicant had committed a serious violation of disciplinary rules, namely unauthorized absence in the working place and failure to file a request for sick leave.

After the administrative procedures resulted unsuccessful for the Applicant, he filed a claim with the first instance court, which then rejected the Applicants complaint as ungrounded. The Applicant appealed, but didn’t pay the required court fee in all the pursued contested procedures before the regular courts. The Supreme Court, in the end also dismissed the Applicant’s request for revision as impermissible, because the value of the subject of dispute was below the threshold value required by the relevant law.

The Applicant alleged before the Court that his right to a fair and impartial trial was violated, and that he is discriminated against because he was unemployed and he believed that he was not required to pay any court fee.

The Constitutional Court, referring to the legal time limit of four (4) month declared the referral inadmissible as out of time. The Curt, reiterated that it is the duty of the Applicant to act with due diligence, in order to ensure that their requests for protection of rights and fundamental freedoms are filed within the legal time limit.