Constitutional Court

The referral is based on Article 113,7 of the Constitution, Article 20 of the Law and Rule 56 of Rules of Procedure, The Applicants, among other, stated that the decisions of the Supreme Court of the Republic of Kosovo approving the decision of Kosovo Energy Corporation to unilaterally annul the payments that the mentioned Corporation as employer was obliged to pay to them, were unfair and violated their rights to property and fair and impartial trial guaranteed by the Constitution, The Court, among other, noted that the Applicants as employees on one side, and the Kosovo Energy Corporation as employer on the other, had signed an agreement for early termination of the employment relation; and the mentioned Corporation as employer was obliged to pay to the Applicants as former employees a given amount of money until the Kosovo pension and invalidity insurance fund would be established, In the mean time, Kosovo Energy Corporation decided to unilaterally annul the Applicants’ monthly payments that were envisaged to be paid to them pursuant to the signed agreement between the Kosovo Energy Corporation and the Applicants, Due to these new circumstances, the parties decided to settle their dispute at court and the matter was finally resolved by the Supreme Court of Kosovo to the benefit of Kosovo Energy Corporation against the Applicants, The Constitutional Court, emphasized among other that the Applicants, had a “legitimate” expectation that they would be entitled to a monthly indemnity, and the decisions of the Supreme Court of Kosovo that confirmed the unilateral decision of Kosovo Energy Corporation violated those “legitimate expectations”, For these reasons, the Court found that in this case the rights to property and fair and impartial trial, guaranteed by the Constitution and the European Convention on Human Rights, had been violated