Constitutional Court

The Applicant submitted his Referral based on Article 113.7 of the Constitution, alleging that his constitutional rights were violated by the Decision of the Government of Kosovo (111/279), dated 7 November 2007, establishing that the Islamic Community of Kosovo is the only legitimate institution to organize the Hajj pilgrimage for the citizens of Kosovo. The Applicant considers that being the owner of a licensed tourist agency his rights to exercise economic activity were violated, which are violated by Article 10 and 109 of the Constitution of the Republic of Kosovo.
The Court concluded that the Applicant’s Referral was inadmissible based on the Rule 56.2 of the Rules of Procedure, because the Applicant has not submitted any prima facie evidence, which indicate the violation of constitutional rights. The Court reasoned its decision by stating that the challenged decision of the Government was rendered on 7 November 2007, that is to say, before the entry into force of the Constitution on 15 June 2008. The Court cannot deal with a Referral relating to events that occurred before the entry into force of the Constitution. Therefore the Court concluded that the Referral was inadmissible because it was incompatible “ratione temporis” with the provisions of the Constitution.