Constitutional Court

The Applicant requests the implementation of his right to return to his working place and the execution in its entirety of the Decision of the Independent Oversight Board of Kosovo, as well as the annulment of the Decisions of the Municipal Court in Skenderaj and of the District Court in Mitrovica, in the part where his request to return to his working place was not approved, The Applicant alleges that the Decision of the District Court, Ac, No, 61/12, dated 13 February 2012, violated his rights guaranteed by Article 21 [General Principles], Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies], Article 49 [Right to Work and Exercise Profession] and Article 54 [Judicial Protection of Rights] of the Constitution as well as his rights under Article 6 [Right to a Fair Trial] and Article 13 [Right to an effective remedy] of the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR), The Court considered that the execution of the Decision of the Independent Oversight Board of Kosovo, which is final and binding, must be considered as an integral part of the right to a fair trial, a right guaranteed by Article 31 of the Constitution and Article 6 of ECHR, The Court further noted that the inexistence of legal remedies or of other effective mechanisms, which would enable the obligation of the respective bodies for the timely execution of the IOBK Decision, also raises the issue of the right to an effective legal remedy, as guaranteed by Articles 32 [Right to legal Remedies] of the Constitution, according to which, each person has the right to use legal remedies against the judicial and administrative decisions which violate his rights or interests as provided by law, In conclusion, the Court found that the non-execution of the entirety of the IOBK Decision by the regular courts, and the failure of the competent authorities of the Republic of Kosovo to ensure effective mechanisms to ensure the enforcement of respective decisions of the relevant authorities and court decisions, constitutes a violation of Articles 31, 32 and 54 of the Constitution, and of Articles 6 and 13 of the ECHR