Constitutional Court

KI232/19, Applicant: Xhemajl Bajraktari, Request for interpretation of article 35 points 8 and 9 of the Collective Agreement of Education of Kosovo

KI232/19, Decision on Inadmissibility adopted on 11 November 2020, published on 7 December 2020

Keywords: individual referral, abstract interpretation, unauthorized party, inadmissible referral

In the circumstances of the present case, the Applicant requested an interpretation of Article 35, points 8 and 9 of the Kosovo Collective Education Agreement concluded between the Ministry of Education and Technology and the United Trade Union of Education, Science and Culture.

The Court emphasized that the Constitution does not provide for the possibility for individuals to appeal to the Constitutional Court, in abstracto, for the unconstitutionality of a Law. Individuals may file a constitutional referral regarding the actions or inactions of public authorities, only within the scope defined by Article 113 (1) and (7) of the Constitution, which requires the Applicants to prove that they are: (1) authorized parties, (2) directly affected by the concrete act of a public authority or inaction of the public authority, and (3) that they have exhausted all legal remedies provided by law.

The Court found that the Applicant is not an authorized party, and pursuant to Article 113 (1) and (7) of the Constitution, Article 47.1 of the Law and Rule 39 (1) (a) of the Rules of Procedure, the Referral was declared inadmissible.