Decision

Referral for constitutional review of the Decision of the Municipality of Mitrovica, Gjilan and Viti for conditioning the access of citizens to public services with payment of obligations towards publicly owned enterprises

Case No. KI 58/12, KI 66/12, KI 94/12

Applicant: Selatin Gashi, Halit Azemi and group of Municipal Assembly M

Applicants alleged that by the decisions of the Municipal Assemblies were violated their human rights as follows: Article 21,1, Article 24(1) and 124 (6) of the Constitution, two of the Applicants have not specified any constitutional provisions, but they stated that their rights in obtaining their personal documents have been violated, On 3 December 2012, the Court held public hearing, where the Applicants participated and were heard, On 30 April 2013, the Municipality of Gjilan notified officially the Constitutional Court that in the session held on 23 April 2013, it rendered the Decision on Abrogation of the decision on restriction of providing services with payment of bills for waste and water” by sending through the official electronic mail the copy of the Decision 01 no, 16-35734 of 23,04,2013, The Court considers that rendering of decisions by the municipal assemblies on abrogation of previous decisions on restriction of providing certain administrative services in the respective municipalities, where the Applicants come from and by which the violations of human rights are alleged during the time these referrals were in review by the Court, but certainly before the Court renders final decision, shows that the Applicants’ position has significantly changed and that the Referral is without rationale and that the aim sought was completely attained, In light of this, the Court considers that there is no merit to further pursuing the matter and it was decided to strike out the Referral pursuant to Rule 32,4 of the Rules of Procedure

Applicant:

Selatin Gashi, Halit Azemi and group of Municipal Assembly M

Type of Referral:

KI – Individual Referral

Type of act:

Decision

Array

Type of procedure followed before other institutions :

administrative