Constitutional Court

The applicanst filed the referral pursuant to Article 113.7 and 21.4 of the Constitution of Kosovo, thereby claiming that their constitutional rights were violated by the decision of the Special Chamber of the Supreme Court of Kosovo, which upheld the decision of the Privatization Agency of Kosovo on privatization of the socially owned enterprise “Suhareka” in Suhareka. The Applicants claimed that the Special Chamber of the Supreme Court of Kosovo had violated their rights and freedoms guaranteed, inter alia, by Articles 23, 24, 31, 32, 44, 53, 54, 84.6, 102, 103, 104, and 119 of the Constitution of Kosovo, The Court found that the referral of applicant was inadmissible, pursuant to the rule 36 of the Rules of Procedure, due to the fact that the Applicants had not, inter alia, observed the principle of subsidiarity, which means sequenced exhaustion of legal remedies. The Court also argued further by noting that the Applicants had not clarified the rights and freedoms they alleged to have been violated, and what was the concrete act of a public authority they dispute. Quoting the decision of the ECtHR, Scordino v. Italy, the Court further argued that the Applicants had failed in substantiating their allegations on violation of constitutional rights and freedoms. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.