Constitutional Court

KI170/18 Applicant: Draško Šćekić, constitutional review of Judgment GSK-KPA-A-229/2015 of the Supreme Court of Kosovo – Appellate Panel of the Kosovo Property Agency of 30 May 2018

KI170/18, resolution on inadmissibility of 13 November 2019, published on 19 December 2019

Keywords: individual referral, constitutional review of the challenged judgment of the Special Chamber of the Supreme Court, ratione temporis, manifestly ill-founded.

The Referral is based on Article 113.7 of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 29 of the Rules of Procedure of the Constitutional Court.

In 1998, the Applicant was allocated an apartment under construction from the funds of the Solidarity Fund of the Municipality of Peja, the said apartment was under construction when the applicant left Peja.

Following the establishment of the UNMIK Housing and Property Claims Commission (hereinafter: the HPCC), the Applicant submitted to the HPCC a claim for repossession of the apartment located in Peja, this proceeding went through all stages, both before the Housing and Property Claims Commission and before the Kosovo Property Claims Commission (hereinafter: KPCC), both commissions rejected the Applicant’s claim because the property in question was never owned by the Applicant.

The Applicant after this submitted an appeal to the Supreme Court of Kosovo – Appellate Panel of the Kosovo Property Agency (hereinafter: the Appellate Panel) against the KPCC decision.

The Appellate Panel rejected the Applicant’s claim due to lack of jurisdiction of the KPCC.

The Applicant alleges that his right to property was violated in this case and that the proceedings in this case lasted an unreasonably long period of time, which caused a violation of Articles 31 and 46 of the Constitution as well as Article 6 of Article 1 of Protocol 1 of the ECHR.

The Court notes that the Applicant did not substantiate with evidence that the challenged decisions violated his rights and freedoms guaranteed by the Constitution and the ECHR.

The Court rejected this Referral on two grounds:

With regard to proceedings before the HPCC, this part of the Referral is ratione temporis inadmissible with respect to the Constitution as it dates from a period before the Constitution of the Republic of Kosovo entered into force.

With regard to the proceedings before the KPCC, the Court considers that the Applicant did not present facts indicating that the decisions of the regular courts caused in any way a constitutional violation of his rights guaranteed by the Constitution.

Therefore, the Court considers, on constitutional basis, that the Referral is manifestly ill-founded and is to be declared inadmissible.