Constitutional Court

KI128/18, Applicant: Limak Kosovo International Airport J.S.C. “Adem Jashari”, Constitutional review of Judgment Rev. No. 218/2018 of the Supreme Court of Kosovo of 4 July 2018

 KI128/18, Resolution of 27 May 2019, published on 28 June 2019

Key words: individual referral, legal person, manifestly ill-founded,

The Applicant and the Government of the Republic of Kosovo signed a Public Private Partnership Agreement (PPP), and based on this agreement, the Applicant had an obligation to keep all employees in employment relationship for another 3 (three) years.

As a consequence, the Applicant notified the employee O.T. that his employment contract would not be renewed. The employee O.T. filed a lawsuit before the first instance court and his lawsuit was approved. On the other hand, the Applicant before the regular courts claimed that the regular courts did not take into account Article 9.18 of the PPP Agreement, according to which the Applicant was obliged to keep in work the employees for 3 ( three) years.

In the proceedings before the regular courts, the latter explained to the Applicant that since the employee O.T. had more than ten (10) years of work, pursuant to Article 10.5 of the Law on Labor, it is considered as a contract for an indefinite period of time so even for the termination of the employment contract the prescribed legal procedures must be respected, which procedures according to the regular courts, the Applicant did not respect.

In his referral before the Constitutional Court, the Applicant alleges a violation of Article 31 of the Constitution due to an unreasoned decision as well as Articles 32 and 46 of the Constitution, and reiterated his allegations before the regular courts.

The Constitutional Court, addressing the Applicant’s allegations, found that the latter failed to submit evidence, facts and arguments that show the proceedings before the regular courts violated its right to a fair and impartial trial, guaranteed by Article 31 of the Constitution, and the Court did not enter the assessment of the Applicant’s further allegations, because the violations of other rights guaranteed by Articles 32 and 46 of the Constitution, are allegedly as a result of violation of the right to fair and impartial trial.