Resolution

Constitutional Review of Order SCC- 0041 issued on 27 April 2011 by the Special Chamber of the Supreme Court of Kosovo on Kosovo Trust Agency

Case No. KI 65/11

Applicant: Holding Corporation “Emin Duraku”

The Applicant alleges that Section 25,7 of the UNMIK AD 2008/6 is in violation of Articles 5 [Languages], Article 7 [Values; non-discrimination], 21 [General Principles], Article 23 [Human Dignity], Article 24 [Equality before the Law], Article 31 [Right to Fair and Impartial Trial], Article 102 [General Principles of the Judicial System] of the Constitution, and Article 6 [Right to a fair trial] in conjunction with Article 14 [Prohibition of discrimination] of ECHR, Moreover, the Applicant alleges that he does not know any case in the world tat obliges the party to address the court in an unofficial language, The fact that pleadings brought before a court have to be translated into English on the expenses of the party bringing in the pleadings, despite and beside the official languages, is a fundamental injustice, Furthermore, pursuant to Article 53 of the Constitution, in conjunction with Article 41 of the ECHR, the Applicant requests from the Republic of Kosovo to be paid the amount of 20,000 Euro as compensation for damages the Applicant allegedly suffered, In the present case, the Court finds the Applicant’s case is still pending before the Special Chamber and that the hearing in the case was scheduled for 12 October 2012, It follows that the Applicant has not exhausted all legal remedies available under applicable law, as required by Article 113,7 of the Constitution and Article 47,2 of the Law, thus, the Referral is declared inadmissible

Applicant:

Holding Corporation “Emin Duraku”

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

administrative