Resolution

Constitutional Review of Article 14.1.7 of Law NO.03/L -179 on the Red Cross of the Republic of Kosovo

Case No. KI 118/10

Applicant: The Insurance Association of Kosovo

The Applicant, the Insurance Association of Kosovo, filed a Referral pursuant to Article 113.7 of the Constitution, contending that the imposition of a charge on insurance companies of 1% of the value of all obligatory insurance premiums by Article 14.1.7 of Law No. 03/L-179 on the Kosovo Red Cross was an unjust deprivation that violated Articles 3, 10, 24, 49 and 119.2 of the Constitution, The Applicant also requested an interim measure prohibiting implementation of the Law until disposition of the Referral, The Court held that the Referral was inadmissible pursuant to Article 113.7 of the Constitution, Article 48 of the Law on the Constitutional Court and Rule 36 of Rules of Procedure because the Applicant is not a natural or legal person whose constitutional rights were personally or directly affected by a measure or act of a public authority, citing AAB-RIINVEST University L.L.C. vs. Government of Kosovo and Vanek v. Slovak Republic, The Court noted that the Constitution does not provide for the bringing of an actio popularis in which an unaffected individual makes an abstract complaint

Applicant:

The Insurance Association of Kosovo

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is not filed by an authorized partyReferral is not filed by an authorized party

Type of procedure followed before other institutions :

Civil