Constitutional review of the Order of the Special Chamber No. SCEL 09-0009, dated 26 October 2010

Case No. KI 83/11

Applicant: Kadri Bytyqi

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his rights under Articles 23 and 55 of the Constitution were infringed by an Order of the Special Chamber of the Supreme Court because it failed to include him in the list of employees entitled to a 20% share of proceeds from the sale of the privatized enterprise THE “Theranda” in Prizren, The Court held that the Referral was premature and inadmissible pursuant to Article 47.2 of the Law on the Constitutional Court and Rule 36.1(a) of the Rules of Procedure because the Applicant had failed to prove that he exhausted all possible legal remedies by responding to the Special Chamber’s request for a justification for his late filing, citing AAB-RIINVEST L.L.C. v. Government of Kosovo and Selmouni vs. France. The Court also found that the Referral was inadmissible pursuant to Article 49 of the Law and Rule 36.1(b) because he failed to submit the Referral within four months of the date of service of the Order in controversy


Kadri Bytyqi

Type of Referral:

KI – Individual Referral

Type of act:


Legal remedies are not exhausted

Type of procedure followed before other institutions :