Constitutional Court

The Applicant submitted Referral pursuant to Article 113,7 of the Constitution of Kosovo, by challenging the Decision of Special Chamber of the Supreme Court of Kosovo ASC-09-0042 of 29 August 2012, by which was terminated the property-legal dispute, between the Applicant and third persons, related to the right to work and other property rights, which the employees have during the privatization process, The Applicant engaged in litigation concerning the termination of the employment relationship with the Industrial – Agricultural Combine,,AGROKULTURA”from Gjilan, and at the same time he requested to be, included in the list of eligible workers to the share of 20% of the proceeds from the privatization of the enterprise, The Special Chamber of the Supreme Court of Kosovo by Decision ASC-09­0042 of 29 August 2012 rejected the Applicant’s appeal as unfounded with the following reasoning, “,,,The substance of the previous case and that of the case at hand is in principle the same, The appeal regards the same subject matter and seeks the same relief The Appellate Panel concludes that the case has been already previously adjudicated and there is a case of res judicata at hand, The claim must be dismissed ex officio ,,, “, The Applicant alleged that a number of Articles of the Constitution of the Republic of Kosovo have been violated, as well as the Universal Declaration of Human Right, European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, Deciding on the Referral of the Applicant Nexhat Tahiri, after the review of proceedings in entirety, the Constitutional Court concluded that it is not admissible for review, in accordance with Article 49 (Deadlines) of the Law and Rule 36 (1b) of the Rules of Procedure, because the Referral was filed after the time limit of four months, from the date on which the decision on the last effective remedy was served on the Applicant