Resolution

Constitutional Review of Decisions 01 no. 06/837, dated 16 April 2009, and Npi-01/132, dated 30 April 2009, of the Municipal Assembly of the Municipality of Shtime

Case No. KI 98/10

Applicant: Ombudsperson of the Republic of Kosovo

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The applicant filed a Referral pursuant to Article 113.7 of the Constitution challenging the decisions of the Municipal Assembly of the Municipality of Shtime, 01 no.06/837 of 16 April 2009 and Npi-01/132 of 30 April 2009, as being taken in violation of Articles 36 [Right to Privacy] of the Constitution as well as Article 8.1 [Right to respect for private and family life] and Article 14 [Prohibition of discrimination] of ECHR, because the Municipality of Shtime annulled the right of Ms. Ristić to use the flat and gave it to an illegal holder.
On the issue of the admissibility of the Referral, the Court held that the Referral was inadmissible since the matter was not referred to the Court in a legal manner by an authorized party pursuant to Article 113.1 of the Constitution.

Applicant:

Ombudsperson of the Republic of Kosovo

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is not filed by an authorized party

Type of procedure followed before other institutions :

Civil