Constitutional Court

KI124/17, Applicant, Alban Sejdiu, Albana Sejdiu, Dardan Sejdiu and Shehide Sejdiu, Constitutional review of Decision AC-I-17-0036 of the Appellate Panel  of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters of 3 August 2017

KI124/17, Resolution on Inadmissibility, 24 May 2018, published on 12 June 2018

Keywords: Individual referral, equality before the law, right to fair and impartial trial, protection of property, judicial protection of rights, manifestly ill-founded

On 3 August 2017, the Appellate Panel of the Special Chamber of the Supreme Court, by Decision AC-I-17-0036, rejected the appeal of the Applicants as ungrounded for procedural reasons and upheld Judgment C-IV-13 -0595 of the Specialized Panel of the Special Chamber of the Supreme Court of 19 January 2017. The Applicants in the capacity of heirs requested compensation for unpaid salaries of their predecessor for the period from 1 January 2003 until 1 June 2006, who was a worker at the Socially-owned Enterprise “Krikos”.

The Applicants alleged before the Constitutional Court that providing a copy of the claim filed by their predecessor with the Municipal Court in Prishtina was very difficult to realize, as the inheritance procedure had not yet been completed and that those documents the Applicants’ were able to secure with many efforts.

The Court concluded that the Applicants have not substantiated their allegations of violation of the fundamental human rights and freedoms guaranteed by the Constitution because the facts presented by them do not indicate that the regular courts have denied them the rights guaranteed by the Constitution, as alleged by the Applicants.