Resolution

Kosovo Chamber of Advocates, Prishtina — Regional Branch Gjakova vs. Decision of the Board of Directors of the Municipality of Gjakova and the Decision of the Director of the Directorate for Economic Development in the Municipality of Gjakova

Case No. KI 31/11

Applicant: Kosovo Chamber of Advocates

The Applicant, the Gjakova Regional Branch of the Chamber of Advocates, filed a Referral pursuant to Article 113.7 of the Constitution, contending that Decisions of the Board of Directors of Gjakova Municipality and Director of the Gjakova Directorate for Economic Development violated Articles 7, 46, 49 and 119 of the Constitution because they conditioned vehicle registration on verification that heating bills and, in the case of businesses, company taxes have been paid whereas neither the Central Heating Company nor the Municipal Assembly issue verification documents, making registration of vehicles impossible, The Applicant also argued that attorneys are not covered by the decisions since they do not pay a company tax, The Court held that the Referral was inadmissible pursuant to Article 113.7 because the Applicant was neither a natural or legal person whose constitutional rights were personally or directly affected by an act of a public authority, nor the authorized legal representative of a direct victim of the challenged decisions. The Court denied the request for interim measures pursuant to Article 27 of the Law on the Constitutional Court and Rule 54.1 of the Rules of Procedure because there was no matter pending before the Court after the ruling on inadmissibility

Applicant:

Kosovo Chamber of Advocates

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is not filed by an authorized party

Type of procedure followed before other institutions :

administrative