Constitutional Court

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that her rights under Article 32 [Right to Legal Remedies], Article 46 [Protection of Property], Article 49 [Right to Work and Exercise Profession], Article 51 [Health and Social Protection], Article 54 [Judicial Protection of Property], and Article 22 [Direct Applicability of International Agreements and Instruments] was infringed by the Judgment of the Special Chamber of the Supreme Court, which concluded that the Trial Panel Decision, SCEL-08-003-0102, was just since the Applicant had submitted the appeal against KTA’s final list with the Special Chamber of the Supreme Court, after the expiration of the deadline for the submission of appeals. Applicant’s request for return to the previous situation was also rejected because the proposal for return to previous situation according to Article 118 of the Law on contentious procedure (“Official Gazette of SFRY”, No. 4/77-1478, 36/80-1182, 69/82-1596) was supposed to have been submitted within fifteen days of the day when the reason for the omission ceased to exist, respectively until 3 September 2008.

The Court held that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure. Further, the Court held that the applicant’s referral was out of time pursuant to Article 49 of the Law because the Judgment of the Special Chamber of the Supreme Court, ASC-09-0045 of 8 March 2010, was served on the Applicant on 22 March 2010, while the Applicant submitted the Referral to the Constitutional Court on 28 December 2010, i.e. more than 4 months after the Applicant was served with the Judgment.