Constitutional Court

KI 160/18, Applicant: Interpres R Company, constitutional review of Decision Rev. No. 163/2018 of the Supreme Court of Kosovo of 4 May 2018

KI 160/18, Resolution on inadmissibility of 23 July 2019, published on 29 August 2019.

Keywords: individual referral, right to fair and impartial trial, international law, immunity, manifestly ill-founded referral 

The Applicant alleges that the courts of the Republic of Kosovo have jurisdiction to adjudicate its case because there is no norm of the international law, whether established by any international agreement or customary international law binding the courts of the Republic of Kosovo to grant immunity to the Serbian state.

The Court notes that the regular courts responded to the Applicant’s central allegations by: (i) explaining the causes of “incompetence” of the regular courts; (ii) interpreting relevant legal provisions governing the issues with international elements; and (iii) giving the reasoning why the provision of Article 8.2 of the Ahtisaari Plan was misinterpreted by the Applicant.

The Court concluded that the Referral is inadmissible as manifestly ill-founded on constitutional basis, as established in Article 113.7 of the Constitution, foreseen by Article 48 of the Law and further specified by Rule 39 (2) of the Rules of Procedure.