Resolution

Constitutional Review of 4 Judgments of the Supreme Court of Kosovo

Case No. KI 134/11, KI 135/11, KI 136/11, KI 137/11

Applicant: Enver Gashi, Shefqet Bici, Ibush Gela, Mustafë Emini

The referral is based on Article 113,7 of the Constitution, Article 20 of the Law and Rule 56 of Rules of Procedure, The Applicants, among other, request from the Court to annul the Judgment of the Supreme Court, because the mentioned decision confirmed the decision of the Kosovo Energy Corporation to terminate the employment contract thus violating their right to work, The Court emphasized that the referrals of several Applicants in this case did not correspond with the Court’s temporal jurisdiction and as such were ratione temporis incompatible with the Constitution, Whereas for the referrals of the other Applicants, the Court found that they were out of time because they had been submitted out of the (4) four month legal time limit, Due to the above mentioned reasons, the Court pursuant to Article 113,7 of the Constitution, Articles 49 and 56 of the Law and Rule 36 (1) b) and (3) h) and Rule 56 (2) of the Rules of Procedure decided to reject as inadmissible the Applicants’ referral

Applicant:

Enver Gashi, Shefqet Bici, Ibush Gela, Mustafë Emini

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is the Court doesn't have jurisdiction ratione temporis

Type of procedure followed before other institutions :

Civil