Constitutional Court

KI82/19, Applicant: Izet Ahmetxhekaj, Assessment of the request for withdrawal of the Referral for constitutional review of Judgment A.no.664/2010 of the Supreme Court of Kosovo of 29 March 2011 and Decision C. no. 96/016 of the Basic Court in Peja-branch in Istog, of 15 April 2019

KI82/19, Request for Withdrawal of 7 November 2019, published on 3 December 2019

Keywords: Individual referral, withdrawal of referral, employment dispute

The Applicant had been employed as a Correctional Officer at the Dubrava Correctional Center since 2001. Three (3) procedures were conducted against the Applicant:

• The criminal procedure by which the Applicant was acquitted of the criminal charge, Facilitating the Escape of Persons Deprived of Liberty, pursuant to Article 314 in conjunction with Article 23 of the PCCK, which was completed with Judgment [PA1.no.135/15] of the Court of Appeal of 23 February 2015;
• The procedure concerning the termination of the Applicant’s employment relationship in respect of which the Applicant challenged the Judgment of the Supreme Court [A.no.664/2010] of 29 March 2011, which upheld the claim of the Government of Kosovo and quashed the decision of IOBK [no. 1409/2010]; and
• The procedure concerning the Applicant’s claim for reinstatement to work and payment of personal income, in respect of which the Basic Court, by Decision [C.no.96 / 016] of 15 April 2019, dismissed the Applicant’s claim as inadmissible. The Applicant had submitted an appeal to the Court of Appeals against this Decision.The Applicant complained to the Court regarding the procedure under ii) and iii) alleging that his rights guaranteed by Articles 49 [Right to Work and Exercise Profession] and 54 [Judicial Protection of Rights] of the Constitution were violated. On 23 August 2019, the Applicant submitted to the Court a request for the withdrawal of Referral KI82/19, stating that the Court of Appeals by Decision [AC.no.2392 / 19] of 17 July 2019, had approved his appeal and dismissed the Decision [C.no.96/016], of the Basic Court. With regard to this Referral, the Court stated that paragraph (1) of Rule 35 of the Rules of Procedure enables the Applicants to withdraw their Referral a) before the beginning of the hearing, or b) before the Court decision is made. The Court, pursuant to Article 23 of the Law and paragraph (2) of Rule 35 of the Rules of Procedure, decides whether to grant such a request or not.In the circumstances of the present case, the Court held that there is no compelling reason to continue examining the referral for constitutional review of the aforementioned decision, despite the Applicant’s request to withdraw his referral. Consequently, the Court granted the Applicant’s request for withdrawal of the Referral pursuant to Article 23 of the Law and Rule 35 of the Rules of Procedure.