Constitutional Court

Case KI 39-2010, decision of 12 December 2011

Keywords: administrative dispute, confirmation of ownership, eminent domain, eviction, execution of decision, exhaustion of legal remedies, individual referral, interim measures, protection of property

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his to protection of property under Article 46 of the Constitution was infringed by a resolution of the Directorate for Urbanism, Cadastre and Environmental Protection because it contradicted interim measures granted by the Prishtina District Court as part of his challenge of his landlord’s effort to evict him from rented property.

The Court held that the Referral was premature and inadmissible pursuant to Rule 47.2 of the Law on the Constitutional Court because he had not yet exhausted all legal remedies, noting that a remedy for non-compliance with interim measures is available through the lower courts, citing AAB-RIINVEST University L.L.C. vs. the Government of Kosovo and Selmouni v. France.