Constitutional Court

KI11/20, Applicant: Fllanza Pozhegu, Constitutional review of Judgment AC-I-13-0181-A0008 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 29 August 2019, and the Correction Decision of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 10 October 2019

KI11/20, Resolution on Inadmissibility, of 11 November 2020, published on 21 December 2020

Key words: individual referral, right to a fair and impartial trial, unauthorized party

The Applicant is Fllanza Pozhegu, sister of the deceased V.P., who was a party before the regular courts and who passed away on 20 January 2015.

The Applicant challenged before the Constitutional Court the Judgment [AC-I-13-0181-A0008] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 29 August 2019, and the Correction Decision of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 10 October 2019, whereby the appeal of the Privatization Agency of Kosovo against the Judgment [SCEL-11-0075] of the Specialized Panel, whereby it was decided that the deceased sister of Applicant V.P., met the requirements to be included in the final list of employees with the legitimate right to participate in the revenues of 20% from privatization of SOE “Agimi”, was declared as grounded.

By the Correction Decision of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 10 October 2019, was decided that the deceased sister V.P. Of the Applicant was removed from the list of employees with the legitimate beneficiary rights to 20% from the privatization of SOE “Agimi” Gjakova.

The Applicant before the Court alleged that the challenged decision was rendered in violation of her fundamental rights and freedoms guaranteed by Articles 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 1 of Protocol no. 1 (Protection of property) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In essence, the Applicant alleged before the Court that i) the regular courts have not reasoned the challenged decision; ii) failure to hold a public hearing to consider her allegations; and (iii) violation of the right to a trial within a reasonable time.

Regarding the Correction Decision of the Appellate Panel of the SCSC, of 10 October 2019, the Applicant had not further elaborated her Referral as to how her rights protected by the Constitution had been violated.

The Court considered that in the present case a matter of priority of the admissibility is the fact whether this Referral was submitted by an authorized party as required by paragraphs 1 and 7 of Article 113 of the Constitution.

The Court found that in accordance with Article 113.1 and 113.7 of the Constitution, Article 47 of the Law and Rule 39 (1) (a) of the Rules of Procedure, the Referral was inadmissible as it was submitted by an unauthorized party.