Constitutional Court

KI166/18, Applicant: Limak Kosovo International Airport J.S.C. “Adem Jashari”, Constitutional review of Judgment Rev. No. 219/2018 of the Supreme Court of Kosovo of 3 September 2018

KI166/18, Resolution of  20 June 2019, published on 12 July 2019

Keywords: individual referral, legal person, manifestly ill-founded,

The Applicant and the Government of the Republic of Kosovo signed a Public-Private Partnership Agreement (PPP), and based on this agreement the Applicant assumed an obligation to keep all employees in the employment relationship for another 3 (three) years.

Consequently, the Applicant notified the employee SH.G that her employment contract will not be renewed. The employee SH.G filed a lawsuit with the first instance court and her lawsuit was rejected as ungrounded by the Basic Court. The Court of Appeals also rejected the appeal of employee SH.G as ungrounded. Finally, the Supreme Court approved the revision of the employee SH.G as grounded, and reasoned that the subject of the statement of claim of the employee was the assessment of the legality of the notice of non-extension of the employment contract.

The Applicant, in its Referral before the Constitutional Court, alleges a violation of Article 31 of the Constitution due to an unreasoned decision, exceeding the competence by the Supreme Court and violation of the principle of legal certainty and alleged violation of Articles 24, 32 and 46 of the Constitution and reiterated its allegations as before the regular courts.

The Constitutional Court, addressing the Applicant’s allegations, found that the latter failed to submit evidence, facts and arguments showing that the proceedings before the regular courts violated its right to fair and impartial trial, guaranteed by Article 31 of the Constitution, and the Court did not enter the examination of the Applicant’s further allegations, because the violations of the other rights guaranteed by Articles 24, 32 and 46 of the Constitution are alleged as a result of the violation of the right to fair and impartial trial.