Constitutional Court

KI33/19, Applicant: Limak Kosovo International Airport J.S.C. “Adem Jashari”, Constitutional review of Judgment Rev. No. 266/2018 of the Supreme Court of Kosovo of 23 January 2019

KI33/19, Resolution of 28 May 2019, published on 10 July 2019

Keywords: 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.

Accordingly, the Applicant notified the employee B.Z that his employment contract would not be renewed. The employee B.Z filed a lawsuit with the first instance court and his lawsuit was approved. On the other hand, the Applicant before the regular courts alleged 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 the employees at work for 3 (three) years.

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

In his referral before the Constitutional Court, the Applicant alleged violation of Article 31 of the Constitution, due to an unreasoned decision, as well as Articles 24, 32 and 46 of the Constitution, and reiterated his allegations as before the regular courts.

The Constitutional Court, addressing the Applicant’s allegations, found that the latter failed to submit evidence, facts and arguments that the proceedings before the regular courts violated his right to fair and impartial trial, guaranteed by Article 31 of the Constitution, and the Court did not go into the examination of the Applicants’ further allegations, because the violations of the other rights guaranteed by Articles 24, 32 and 46 of the Constitution are allegedly a result of the violation of the right to fair and impartial trial.