Vesel Tmava and others vs. The Ministry of Transport and Communication of the Republic of Kosovo

Case No. KI 17/10

Applicant: Vesel Tmava and others


Applicants filed a referral against the decision of the Ministry of Transport and Post-Telecommunications, which provides that all persons who are owners of vehicles designated for markets of Great Britain, Cyprus or Malta, shall “obtain a certificate of compliance by an authorized institution in the Republic of Kosovo”, Applicants allege that the law does not provide retroactive application of this decision, In this regard, they claim that such a decision deprives them from exercising the right to property, thereby violating equality before law and supremacy of the Constitution, Simultaneously, the applicants have requested the Court to grant interim measure, thereby suspending retroactive application of the decision, until the Court takes a merit-based decision on this case, The Constitutional Court decided to reject the referral as inadmissible, reasoning that applicants have not exhausted all legal remedies available, Further, the Court decided that the request for interim measures is unfounded, and as such is rejected as inadmissible, thereby reasoning that the applicants do not specify reasons for such interim measure, nor do they specify consequences which may arise if such a measure is not granted


Vesel Tmava and others

Type of Referral:

KI – Individual Referral

Type of act:


Legal remedies are not exhausted

Type of procedure followed before other institutions :