Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution challenging a Kosovo Police decision terminating his employment on the ground that it violated his right to work under Article 49 of the Constitution. The Applicant argued that he was entitled to reinstatement because he provided proof to the employer that he had fulfilled an educational requirement. The Applicant requested the Court to reinstate him as a Kosovo Police Officer, award compensatory damages, and protect his identify from disclosure, The Court held that the Referral was inadmissible ratione temporis pursuant to Rule 36.3(h) of the Rules of Procedure because the alleged Constitutional violation occurred prior to the Constitution’s implementation, citing Blečič v. Croatia for the proposition that temporal jurisdiction involves considerations of the factual subject matter of the complaint and the scope of the Constitutional right involved