Constitutional Court

The applicant filed a Referral pursuant to Article 113,7 of the Constitution of Kosovo alleging that “Article 62, 123 and 124 of the Constitution of the Republic of Kosovo have been violated due to the inaction of the Mayor of the Municipality of Graçanica, regarding the proceeding of the appointment of Deputy Mayor of this Municipality,“ On the issue of the admissibility of the Referral, the Court held that the Referral was inadmissible because the Applicant is not an authorized party because he cannot be considered an authorized party to refer to the Court constitutional matters in abstracto regarding the election or non-election of the Deputy Mayor of the Municipality of Graçanica in order to obtain a remedy in the name of the collective interest, The Applicant has not specified an act of a public authority (see Article 48 of the Law) that has allegedly violated his own individual rights and freedoms, Furthermore, the Court held that the Constitution does not provide for actio popularis, which is a modality of individual’s complaint enabling them to initiate abstract review regardless of their specific legal interest in the case in question, Article 113,7 of the Constitution presupposes individual and direct grievances to approach the Constitutional Court as an instance of last resort for an alleged violation by public authorities of individual rights and freedoms guaranteed by the Constitution