Constitutional Court

KI06/20, Applicant: Migjen Selmani, Constitutional review of Judgment ARJ-UZVP. No. 95/2019 of the Supreme Court of Kosovo of 29 July 2019

KI06/20, Resolution on Inadmissibility, of 13 May 2020, published on 27 May 2020

Keywords: individual referral, right to fair and impartial trial, out of time referral

The Applicant before the Constitutional Court challenged Judgment ARJ-UZVP. No. 95/2019 of the Supreme Court of Kosovo, which rejected as ungrounded the Applicant’s request for extraordinary review of the court decision against Judgment A.A. No. 30/2018 of the Court of Appeals of Kosovo, of 18 March 2019.

The Applicant’s Referral concerned the request that he, along with several other employees, were in the same position and in the same institution as the Applicant (as Anti-Corruption Expert in the Special Anti-Corruption Department, within the Special Prosecution of the Republic of Kosovo), have addressed the Ministry of Public Administration requesting their inclusion in the payroll system, namely the increase of salary of 30% based on the Decision of the Government of the Republic of Kosovo No. 02/151, of 6 January 2011. Their request was rejected on the grounds that the latter could not exercise their right to a salary increase as they were not explicitly included  in Decision No. 02/151, of the Government of the Republic of Kosovo, of 6 January 2011.

The Applicant alleges that the challenged Decision violated the rights protected by Article 31 [Right to Fair and Impartial Trial], Article 49 [Right to Work and Exercise Profession] and Article 55 [Limitations on Fundamental Rights and Freedoms], of the Constitution of the Republic of Kosovo, in conjunction with Article 6 of the European Convention on Human Rights.

In essence, the Applicant, before the Court, alleges that the regular courts have made an erroneous and incomplete determination of factual situation.

The Court found that the Applicant’s Referral was inadmissible, because it was not filed within the legal time limit established in Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure.