Constitutional Court

The applicant filed a Referral pursuant to Article 113,4 of the Constitution of Kosovo challenging the decision of the Kosovo Privatization Agency (hereinafter: “PAK”), whereby the Socially Owned Enterprise “Sharr Cem” was privatized on 14 December 2010, The Applicant claims that the privatization of Sharr Cem was done in contradiction with the PAK directions on Generic rules of tender for privatization (Ordinary spin-off) and Generic rules of tender for liquidation, Law (No, 03/L-067) on the Privatization Agency of Kosovo, Law on Protection of Competition and Article 119 [General Principles] of the Constitution, since the privatization occurred without PAK publicly announcing it, On the issue of the admissibility of the Referral, the Court held that the Referral was inadmissible because the Applicant’s allegation that a violation has occurred under Article 113,4, in the instant case, is incompatible with the Constitution because the competences of the Municipality under abovementioned article in order to submit a Referral to this Court are limited to the following: the laws or acts of the government infringing upon the responsibilities or diminishing the revenues of the municipality that otherwise is provided by Law on Local Self-Government and the European Charter on Local Self-Government