Constitutional Court

The applicant, Mr. Agush Lolluni, filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the non-execution of the Decision of the Independent Oversight Board for Civil Service in Kosovo (hereinafter: “IOB”), No. 02 (207) 2010 of 4 October 2010, and the District Court Decision of Peja, Ac. no. 153/2011 of 4 October 2011, which was served on the Applicant on 4 October 2011. The Applicant claims that the non-implementation of these decisions by the public authorities has violated his rights guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 32 [Right to Legal Remedies] of the Constitution of the Republic of Kosovo (hereinafter: the “Constitution”) and as well as Article 6 [Right to a fair trial] of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the “ECHR”).
On the issue of the admissibility of the Referral, the Court held, based upon the plain language of Article 113.7 that the referral was admissible because in the present Referral Mr. Agush Lolluni contests the the non-execution of the Decision of the Independent Oversight Board for Civil Service in Kosovo, No. 02 (207) 2010 of 4 October 2010, and the District Court Decision of Peja, Ac. no. 153/2011 of 4 October 2011. Therefore, the Applicant must be considered as an authorized party, entitled to refer this case to the Court and to have exhausted all legal remedies as provided by law, pursuant to Article 113.7 of the Constitution. As to the requirement of Article 49 of the Law that the Applicant must have submitted the Referral within a period of four (4) months, the Court determines from the submissions of the Applicant that the situation of non-implementation of the Decision of District Court in Peja, Ac. no. 153/2011 of 4 October 2011, and the Decision, No. 02 (207) 2010 of 4 October 2010, of the IOB by the Municipality of Junik is continuing until to date (see Case No. KI 08/09, The Independent Union of Workers of IMK Steel Factory in Ferizaj, represented by Mr. Ali Azem, President of the Union, Constitutional Review of the Decision of the Municipal Court of Ferizaj, Decision C No. 340/2001, dated 11 January 2002, Judgment of 17 December 2010). Further, the Applicant has set out in detail what rights under the Constitution and the ECHR have allegedly been violated and by what public authority. Hence, the Court also finds that the Applicant has fulfilled the requirement of Article 48 of the Law.
On the merits of the Referral, the Court held that, the non-implementation of the judicial decisions by the Municipal authority and the failure of the competent authorities of the Republic of Kosovo to ensure effective mechanisms in terms of the enforcement of decisions of the relevant authorities and court decisions constitutes a violation of Articles 31, 32 and 54 of the Constitution and Article 6 in conjunction with Article 13 of ECHR. By failing to enforce the IOB Decision of 4 October 2010, the appropriate authorities have deprived the provisions of Article 54 of the Constitution and Article 13 of ECHR of all useful effect. In these circumstances, the Court holds that the right to a fair and effective trial, as guaranteed by the above Articles of the Constitution and ECHR, has been violated and that the final and executable decision of IOB, Decision No. 02 (207) 2010 of 4 October 2010 and the District Court in Peja, Decision Ac. no. 153/2011 of 4 October 2011, must be executed. In reaching its decision, the Court also relied on the decisions of the Constitutional Court and the European Court of Human Rights addressing the same or similar issue. The Court HOLDS that the final and executable decision of IOB, Decision No. 02 (207) 2010 of 4 October 2010 and the District Court in Peja, Decision Ac. no. 153/2011 of 4 October 2011, must be executed by the competent authorities, in particular, the Municipality of Junik.