Constitutional Court

KI39/17, Applicant, Milorad Pešić, Constitutional review of Judgment AC-II-12-0122 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters of 14 December 2016

KI 39/17, Resolution on Inadmissibility, of 5 November 2018, published on xxxxxx

Keywords: Individual referral, right to fair and impartial trial, right to legal remedies, manifestly ill-founded

The Appellate Panel, deciding on the merits of the case, approved the complaint of the Privatization Agency of Kosovo, filed against the Judgment of the Municipal Court in Prishtina, which approved the Applicant’s lawsuit and declared null the contract signed between the Applicant’s predecessor and the Socially-Owned Enterprise KBI “Kosova Export”.

In his Referral, the Applicant alleges that the Decision of the Specialized Panel, which suspended the case after the liquidation procedure of the SOE “Bujqësia” in Fushë Kosovë, is final and that the Appellate Panel decided without its competence of decision-making in this legal contested case.

The Applicant alleges that the challenged Judgment of the Appellate Panel violated the rights guaranteed by Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Effective Legal Remedies], Article 53 [Interpretation of Human Rights Provisions] and Article 54 [Judicial Protection of Rights] of the Constitution, in conjunction with Article 6 [Right to a fair trial] of the European Convention on Human Rights.

The Court found that the Referral is inadmissible, because the Applicant did not support and did not sufficiently substantiate his allegation. The Referral was declared inadmissible as manifestly ill-founded.