Constitutional Court

The Applicant has filed his referral in compliance with Article 113,7 of the Constitution of Kosovo, demanding review of constitutionality and lawfulness of application of UNMIK Regulation no, 2000/4 “On the Status, Privileges and Immunities of KFOR, UNMIK and their personnel”, and Law of the Republic of Kosovo no, 2008/03 – L033 “On the Status, Immunity and Privileges of Diplomatic and Consular Missions and Personnel in Kosovo, and presence of international military corps and personnel”, The Applicant challenges the manner in which the Organization for Security and Cooperation in Europe (hereinafter: OSCE) interprets and applies the UNMIK Regulation no, 2000/4, and the Law no, 2008/03 – L033, considering that by misinterpretation, it is abusing with benefits deriving from the status, immunities and privileges held by diplomatic and consular missions and personnel in Kosovo, The Applicant claims that such laws have violated his property rights as guaranteed by Article 46 (Protection of Property) of the Constitution of the Republic of Kosovo, and rights and freedoms as provided by Article 1 (Protection of Property) of Protocol 1 to the European Convention on Protection of Human Rights and Fundamental Freedoms (hereinafter: ECHR”), Deciding upon the referral of applicant Milorad Rajović, the Constitutional Court, upon review of proceedings, found that individuals may initiate proceedings in case of violation by public authorities of their rights and freedoms as guaranteed by the Constitution, nevertheless, the Applicant is not an authorized party to request interpretation of UNMIK Regulation no, 2000 /47, and Law 2008/03-033, in an abstract manner, Therefore, the Court found the referral inadmissible, as initiated by an unauthorized party