Resolution

Constitutional Review ofthe Supreme Court Judgment Rev. no. 5/2004 dated 10 February 2004

Case No. KI 69/10

Applicant: Vehbi Halili

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution asserting that his Constitutional right to work [Article 49] was infringed by the Supreme Court when it affirmed a 2003 decision of the Mitrovica District Court rejecting a claim that he was dismissed in 1990 from his position as Assembly Committee Clerk on account of his Albanian origin and reversing the Vucitrn Municipal Court’s order reinstating him to his former position or to another workplace suitable to his professional background, The Court held pursuant to Rule 36.3(h) of the Rules of Procedure that the Referral was inadmissible as being incompatible ratione temporis with the Constitution, citing Blečić 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

Applicant:

Vehbi Halili

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is the Court doesn't have jurisdiction ratione temporis

Type of procedure followed before other institutions :

Civil