Constitutional Court

The Privatization Agency of Kosovo (PAK) requested that the Court clarify two issues arising from the Judgment issued in this case on 17 December 2010. First, PAK asked the Court to specify the case that it had deemed as res judicata. The Court identified the case, a decision rendered by the Ferizaj Municipal Court in 2002, emphasizing that the Judgment had specified the case in several places. Second, PAK requested clarification for guidance on its concrete obligations pursuant to the judgment. The Court responded that the Judgment had not invalidated the Law on Business Organizations or any other laws, adding that the case arose from a failure to enforce the Municipal Court’s final decision for 9 years and that despite Municipal Court’s decision PAK’s predecessor, the Kosovo Trust Agency (KTA), privatized the IMK Steel Factory in violation of Article 31 of the Constitution, as well as Articles 6 and 13 of the European Convention on Human Rights and Fundamental Freedoms, The Court reiterated its earlier holding that the Municipal Court’s binding decision must be executed. The Court emphasized that PAK is solely and completely responsible for the decision’s implementation through satisfaction of valid claims from creditors from the proceeds of the sale of Socially Owned Enterprises pursuant to the Law on PAK. Finally, the Court noted that it is not the final authority for determining the legality of a statute and admonished the parties in the case to seek independent legal advice regarding the legal responsibilities of the Government and PAK