Constitutional Court

KI77/18, Applicant: Habib Osmani, Judgment AC-I-15-0292-A0001 of the Appellate Panel of the Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters of 3 May 2018

KI77/18, resolution of 12 December 2018, published on 17 December 2018

Keywords: individual referral, manifestly ill-founded

The Applicant was employed in the Socially-owned Enterprise „Banja e Kllokotit“ until 1991, when the provisional body of the enterprise made a decision to dismiss him from work. In 1999, the Applicant returned to his former working place in the Socially-owned Enterprise and continued working until the privatization of the enterprise. The Applicant filed a claim regarding this matter and the Liquidation Authority, as the competent authority for these cases, by Decision GJI095-012, rejected the claim of the Applicant for compensation of unpaid salaries as invalid due to early termination of the employment contract, and stated that he should have addressed the court or a competent authority within three years of the moment when the SOE allegedly failed to meet the obligations to the Applicant arising from the employment relationship. The Applicant proceeded with the court proceedings and, finally, the Appellate Panel agreed in entirety with the assessment of the Specialized Panel that the Applicant did not prove that he filed a lawsuit with the competent court within 3 (three) years from the date when the Socially Owned Enterprise interrupted the payment of his salaries in 1991.

The Applicant’s allegations before the Constitutional Court were that the Appellate Panel violated the provisions of the Constitution, namely Article 46, paragraphs 1 and 2.

The Constitutional Court decided in this case, to declare the Applicant’s Referral inadmissible, as manifestly ill-founded, on constitutional basis, inter alia, emphasizing that the findings of the Specialized Panel and the Appellate Panel were reached after a detailed consideration of the allegations submitted by the Applicant and the Applicant was given the opportunity to present arguments and evidence substantiating his allegation at all stages of the proceedings.