Constitutional Court

The Applicant has submitted a referral through which he challenges the decision of the Independent Oversight Board of Kosovo (IOBK) ordering the Municipality of Klina to respect the employment contract and return to work head of the Head of the Inspectorate Section in the Department of Urban Planning and Public Services, who has been dismissed from work based on a decision of the Municipality of Klina, even though his employment contract was extended, He alleges that IOBK has violated the Constitution because such decision is not in accordance with the relevant provisions of the regulation on the Kosovo Civil Service, which provides only the authority of the party to file a complaint to IOBK, and not also to decide on return of civil servant to his previous position, The Constitutional Court decided to reject the referral as inadmissible on the grounds that the Municipality has the right to submit a referral directly to this Court only if it contests the ” acts of the government” and given that IOBK is an independent authority, its acts do not constitute acts of Government, Furthermore, the Court also decided even if it was assumed that referral was admissible, in which case the Municipality would be a legal person submitting this referral, still the Applicant has not exhausted all legal remedies, as required by the Constitution