Resolution

Constitutional review of the Decision ASC-11-0069 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, dated 22 April 2013, and Judgment SCEL-09-0001 of the Trial Panel of the Special Chamber of the Supreme Court, dated 10 June 2011

Case No. KI 73/13, KI 102/13, KI 105/13, KI 106/13, KI 113/13, KI 117/13, KI 130/13

Applicant: Hamdi Ademi and 6 others

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The Applicants filed their Referrals based on Article 113,7 of the Constitution of Kosovo, claiming that their constitutional rights have been violated by decisions of the Special Chamber of the Supreme Court of Kosovo, which reviewed and rendered decisions regarding the employee list published by the Privatization Agency of Kosovo, The list published by the Privatization Agency of Kosovo determined which former employees of SOE “Ramiz Sadiku” in Prishtina were entitled to a share of proceeds from the privatization of the said SOE, The Applicants appealed before the Constitutional Court claiming that they also should have been in the list published by the Privatization Agency of Kosovo, respectively, to benefit from a share of proceeds of privatization of the SOE “Ramiz Sadiku” in Prishtina, The Applicants have not invoked any particular constitutional provision, but have only claimed their rights to benefit from a share of proceeds from the privatization of the SOE “Ramiz Sadiku” in Prishtina, The Court concluded that the Applicants’ Referral is inadmissible pursuant to Rule 36 (1) c) of the Rules of Procedure since the Applicants have not presented facts that would in any way justify the allegations of a violation of the constitutional rights, The Court justified its decision by reiterating that it is not its duty, under the Constitution, to act as a court of appeal, or as a fourth instance court regarding decisions issued by the regular courts, The Court further reasoned that the Applicants neither indicated that the Special Chamber acted in an arbitrary or unfair manner nor they accurately clarified which rights and freedoms they alleged to have been violated by the Special Chamber, Due to the reasons above, the Court decided to reject the Referral as inadmissible

Applicant:

Hamdi Ademi and 6 others

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil