Constitutional Court

KI93/18, Applicant: DPZ “ELEKTRON”, Constitutional review of the decision of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, AC-I-17-0401, dated 24 May 2018

KI93/18, Resolution on Inadmissibility, approved on 30 January 2019, published on 14 March 2019

Key words: individual referral, civil dispute, compensation, ratione materiae inadmissible referral

The Applicant claimed that the regular courts violated her rights guaranteed by the Constitution. She did not specifically refer to the provisions of the Constitution.

Having assessed the case in its entirety, the Court found that the Applicant had in fact exercised a legal remedy which was not allowed by the law. For this reason, the Court, as a final decision and having calculated the deadline on the basis of the  Judgment of the Appellate Panel of the SCSC AC-I-15-0203 dated 6 June 2017, given that the time period from the time when the said judgment  was received to the time of the referral being filed is longer than  four (4) months, consequently, concluded that the Referral was not filed within the legal deadline  set out in Article 49 of the Law and Rule 36 (1) (c) of the Rules of Procedure.