Constitutional Court

The Applicants filed the Referral pursuant to Article 113,7 of the Constitution of Kosovo challenging the Judgment of the Special Chamber of the Supreme Court, No, SCEL-06-0016 dated 16 October 2006 and Resolution No, SCEL 06-016 dated 31 January 2007 and requesting the Constitutional Court to annul the judgment and the resolution because the manner of the announcement in dailies published in Serbian language was not in accordance to Article 5 of the Constitution, The Applicants claimed that they were unable to receive the information in Serbian language since the dailies Danas and Blic are not published in the Republic of Kosovo and therefore are unreachable in the territory of the Municipality of Kllokot, For the aforementioned they were unable to apply in due time and register their rights from employment relationship, and placed on the list of eligible workers meeting the conditions for the 20% of proceedings from the privatization of these enterprises

The Applicants challenge the Judgment of the Special Chamber of the Supreme Court, No, SCEL-06-0016 dated 16 October 2006 and Resolution No, SCEL 06-016 dated 31 January 2007, The Court concluded that the Referral refers to events before 15 June 2008, respectively the date when the Constitution of the Republic of Kosovo entered into force, Based on this, the Referral was filed out of time and therefore was “ratione temporis” incompatible with the provisions of the Constitution and the Law, For these reasons the Court decided that the Referral is inadmissible pursuant to Rule 36,3 (h) of the Rules of Procedure

Judges Ivan Čukalović and Altay Suroy presented a dissenting opinion on this decision whereby they considered that this amounted to continuous violation of the right to use of languages which hindered the Applicants to file a legal remedy in due time