Constitutional Court

The Applicant submitted the Referral based on the Article 113.7 of the Constitution, alleging that by non-execution of the court decisions by the employing authority, Municipality of Klina, were violated his constitutional rights, guaranteed by: Article 3 paragraph 2 [Equality before the Law], Article 7 paragraph 1 [Values], Article 21 paragraph 1 and 3 [General Principles], Article 22 paragraph 1 [Universal Declaration on Human Rights], Article 22 paragraph 2 [European Convention for the Protection of Human Rights and Fundamental Freedoms], Article 23 [Human Dignity], Article 24.2 [Equality before the Law], and Article 49 paragraph I[Right to work and Exercise Profession].

The Court concluded in this case that the Applicant has fulfilled the procedural requirements required by Article 113.7 of the Constitution, Law and Rules of Procedure and considered the grounds of the Referral on the merits.

In this case, the Court observed that it was about non-implementation of IOBCSK decision and the decisions of the executive courts by the authorities of the Municipality of Klina. The Court reminded the municipalities of the Republic of Kosovo that the latter are obliged to respect and execute the court decisions, and not to delay the execution procedure, with unsustainable and legally ungrounded reasoning, by mentioning Article 124.6 of the Constitution, which provides: ”Municipalities are bound to respect the Constitution and laws and to apply court decisions”.

The Court mentioned the Article 6 of the Convention, which is also applied to administrative phases of judicial process respectively is within the framework “for the Right to a Fair and Impartial Trial” a right guaranteed by Article 31 of the Constitution of the Republic of Kosovo. From this it follows that the non-implementation of the Council’s decisions is an element of Article 6 of the Convention, and is its violation.

The Constitutional Court notes that is the right of an unsatisfied party to initiate court proceedings in case of failure of exercising his earned right as defined in Article 31 of the Constitution of the Republic of Kosovo and Article 6 in conjunction to Article 13 of the European Convention on Human Rights (ECHR). It would be meaningless if the legal system of the Republic of Kosovo would allow that a final judicial decision, remains ineffective in disfavor of one party. Interpretation of the above Articles exclusively deals with the access to the court. Therefore, non-effectiveness of procedures and the non-implementation of the decisions produce effects that bring to situations that are inconsistent with the principle of Rule of Law, a principle that the Kosovo authorities are obliged to respect. In this context, the Court mentioned the ECHR Decision in the case Romashov against Ukraine, Submission No. 67534/01. Judgment of 25 July 2004.

The Court, after analyzing the ground of the Referral, held that the right to a fair and effective trial, as guaranteed by the Articles 31, 32 and 54 of the Constitution, as well as Article 6 in conjunction with Article 13 of ECHR have been violated and that the final and executable decision of IOBCSK, Decision No. 02/197/2010 dated 8 October 2010 and the Decision Ac. No. 158/2011 of the District Court in Peja, dated 5 July 2011, must be executed.