Constitutional Court

KI172/18, Applicant: Arbër Kryeziu as the owner of the company “Al-Petrol” l.l.c, Constitutional review of Decision CA. No. 925/2018 of the Court of Appeals of Kosovo  of 16 July 2018

KI172/18, Resolution on Inadmissibility of 18 December 2019, published on 23 January 2020

Keywords: individual referral, right to fair and impartial trial, premature referral, manifestly ill-founded referral,

The Applicant challenged the Judgment [CA. No. 925/2018], of the Court of Appeals of Kosovo, of 16 July 2018, which rejected the Applicant’s appeal as unfounded and upheld Decision [PPP. No. 62/18] of the Basic Court in Prishtina of 26 January 2018.

The essence of the Referral concerned the fine, which the Ministry of Labor and Social Welfare-Executive Body of the Labor Inspectorate imposed on the Applicant as the owner of the “Al-Petrol” l.l.c. for failure to comply with the provisions of Article 38, paragraphs 1, 2 and 3 and Article 55, paragraphs 1, 2, 4, 5 and 6 of the Law on Labor No. 03/L-212, as it did not respect the remarks given in the Decision [No. 02/b-170/16] of the Ministry of Labor and Social Welfare – Executive Body of the Labor Inspectorate of 26 February 2016.

The Applicant alleges that the challenged decision was in breach of his fundamental rights and freedoms set forth in Article 31 [Right to Fair and Impartial Trial] and Article 102 [General Principles of the Judicial System] of the Constitution.

The Applicant initially alleges that the same judge had twice participated in the same instance in his case, and moreover for rendering different decisions on the same case.

The Referral further alleged that the Court of Appeals had erroneously determined the factual situation.

With regard to the first allegation, the Court held that the Referral concerning the Applicant’s first allegation and having regard to the fact that the same judge had twice decided on his case was rejected as inadmissible on procedural grounds for substantial non-exhaustion of all legal remedies, as required by paragraph 7 of Article 113 of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 39 (1) (b) of the Rules of Procedure.

As to the second allegation, the Court found that the Applicant had not substantiated his allegation, and was declared manifestly ill-founded on constitutional basis.