Constitutional Court

KI192/18, Applicant: Kosovo Energy Distribution and Supply Company, KEDS j.s.c., constitutional review of Decision Ac. No. 3208/18 of the Court of Appeals, of 12 November 2018

KI192/18 Resolution on Inadmissibility of 23 July 2019, published on 27 August 2019

Keywords: individual referral, enforcement proceedings, right to a fair trial, manifestly ill-founded referral, inadmissible referral

The Applicant (KEDS j.s.c.) challenged before the Court the constitutionality of Decision Ac. No. 3208/18 of the Court of Appeals of 12 November 2018, which allegedly violated its rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo. The Applicant further alleged that: “The Basic Court in Prishtina, by a decision, which was further upheld by the Court of Appeals in Prishtina, decided to exceed their jurisdiction by granting forced enforcement to the unlawful decision of the Labor Inspectorate, namely the Executive Body of the Labor Inspectorate, obliging KEDS to annul the decisions to terminate employment with some employees”.

As a result, the Court, having considered the Referral in its entirety, held that the Applicant did not substantiate its allegations, that the respective proceedings were in any way unfair or arbitrary and that the challenged decision violated its rights and freedoms guaranteed by the Constitution and the ECHR. (see, mutatis mutandis, Shub v. Lithuania, no. 17064/06, ECtHR, Decision of 30 June 2009). In conclusion, in accordance with Rule 39 (2) of the Rules of Procedure, the Referral is manifestly ill-founded on constitutional basis and, therefore, inadmissible.