Constitutional Court

KI125/16, Applicant: Živorad Dejanović, Constitutional review of Judgment C-II-13-0045 of the Specialized Panel of the Supreme Court on PAK Related Matters, of 31 March 2014

KI125/16, Resolution on Inadmissibility, of 15 May 2018, published on 13 June 2018

Keywords: Individual referral, right to legal remedies, principle of subsidiarity

The Specialized Panel of the Special Chamber of the Supreme Court on PAK Related Matters, by Judgment C-II-13-0045 of 31 March 2014, rejected as inadmissible the Applicant’s appeal, alleging that he was entitled to 20% of proceeds from the privatization of the SOE “Paper Factory” in Lipjan. The appeal was rejected as inadmissible on the grounds that the latter was submitted out of time.

The Applicant complained to the Constitutional Court that he has never been served with the challenged decision and as a result, the Applicant alleged that his right guaranteed by Article 32 [Right to Legal Remedies] of the Constitution of his Republic of Kosovo has been violated.

The Court found that the Applicant did not exhaust all legal remedies provided by law and assessed that he did not meet the admissibility criteria established in the Constitution and further foreseen in the Law and specified in the Rules of Procedure.