Constitutional Court

KI12/20, Applicant: Hamijete Dinarama-Daija, Constitutional review of  Judgment AC-I-13-0181-A0008 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of  29 August  2019

KI12/20, Resolution on inadmissibility, of 14 October 2020, published on 6 November 2020

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

The Applicant challenged before the Constitutional the Judgment [AC-I-13-0181-A0008], of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of 29 August 201 whereby the Applicant’s appeal filed  against Judgment [SCEL-11-0075] of the Specialized Panel was rejected as ungrounded.

The Specialized Panel through Judgment [SCEL-11-0075] had rejected as ungrounded the Applicant’s claim for her non-inclusion in the Final List of employees with legitimate rights to participate in the 20% of the proceeds from the privatization of the SOE. “Agimi”, Gjakova.

The Applicant alleges before the Court that the challenged decision was issued in violation of her fundamental rights and freedoms provided in 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 1 (Protection of Property) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The Applicant in essence alleged  before the Court that i) the regular courts did not reason the challenged decision; (ii) failed to hold a public hearing to review their claims and (iii) violated the right to a trial within a reasonable time.

The Court found that the Applicant’s Referral was not filed within the legal deadline as provided for by Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure. Consequently, the Court found that the Applicant’s Referral was inadmissible because it was filed out of the prescribed legal deadline.