Constitutional Court

KI158/17, Applicant: Privatization Agency of Kosovo, Constitutional review of Judgment no. AC-I-15-015 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of 23 November 2017

KI158/17, Resolution on inadmissibility of 13 March 2018, published on 26 April 2018

Key words: individual referral, constitutional review of the judgment of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, manifestly ill-founded

The Referral is based on Article 113.7 of the Constitution, Articles 22 and 47 of Law no. 03/L-121 on the Constitutional Court of the Republic of Kosovo, and Rule 29 of the Rules of Procedure of the Constitutional Court.

A former employee of Socially-Owned Enterprise “Ekonomia Peshkatare” (hereinafter: “the SOE”) lost his employment relationship with the SOE. In 2006, the Privatization Agency of Kosovo (PAK) privatized the SOE in question. In the same year, the former employee (hereinafter: “the claimant”) filed a claim with PAK requesting compensation for unpaid salaries for the period from 1997 until March 2006.

After the request was rejected as ungrounded, the Applicant addressed himself to the Special Chamber of the Supreme Court and the Appellate Panel of the Supreme Court which rendered a judgment partially granting the Applicant’s request for compensation for unpaid salaries.

The Applicant alleges that the Appellate Panel failed to duly review his submissions thereby violating his right to access the court, which is contrary to Article 6.1 of the ECHR.

The Court notes that, in the present case, regular courts of all instances complied with the principle of “the right of access to a court” and took into account the Applicant’s reasons related to the right of access to a court. Therefore, based on the foregoing, the existence of a violation of the Applicant’s right of access the court under Article 6.1 of the ECHR can be excluded.

Therefore, the Court considers that the Appellate Panel provided clear and accurate reasons in Judgment no. AC-I-15-0151 to substantiate its findings and conclusions. Therefore, the Referral was manifestly ill-founded on constitutional basis and must be declared inadmissible.