Resolution

Kolë Krasniqi vs. Ministry of Agriculture and Directorate of Legal and Property Issues and Land Consolidation of the Municipality of Gjakova

Case No. KI 02/09

Applicant: Kole Krasniqi

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The applicant submitted a referral against the decision of the Ministry of Agriculture and Directorate of Property Issues of Gjakova Municipality whereby the applicant’s referral for restitution of real estate was rejected with justification that there were no legal grounds for restitution of property since the Republic of Kosovo does not have a law that authorizes the restitution of property to former owners of state owned land properties, Applicant alleges that this Ministry has the legal authority to apply the law of former Socialist Federal Republic of Yugoslavia and that such a decision has violated his constitutional rights, not specifying exactly what constitutional provisions are violated, The Constitutional Court decided that the applicant has not proven that he has the legal authority to make the claim for the restitution of immovable property and that he failed to accurately clarify what rights and freedoms he claims to have been violated, Further, the Court decided that the applicant has failed to exhaust all of the legal remedies before submitting the referral to this Court, referring him to legal remedies he could use pursuant to the Comprehensive Proposal for the Kosovo Status Settlement, Inadmissible

Applicant:

Kole Krasniqi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil