Constitutional Court

KI140/19 Applicant: Lindita Komani, constitutional review of Decision AC-I-18-0022 of the Appellate  Panel of the Special Chamber of the Supreme Court on the Privatization Agency of Kosovo Related Matters of 22 February 2018

KI140/19, resolution on inadmissibility of 9 July 2020, published on 10 August 2020

Keywords: Individual referral, property dispute, repetition of proceedings, ratione materiae, manifestly ill-founded, inadmissible referral

The Applicant is Lindita Komani, who is represented by the lawyers Afrim Salihu from Prishtina and Muharem Ramadani from Mitrovica.

The Applicant challenges Decision AC-I-18-0022 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters of 22 February 2018 regarding the Applicant’s proposal for repetition of the contested procedure.

The Applicant alleges that the challenged decision violated the right to equality before the law guaranteed by Article 24 as well as the right to a legal remedy guaranteed by Article 32, judicial protection of rights guaranteed by Article 54 and general principles of the judicial system guaranteed by Article 102 of the Constitution.

The Court concluded that the Applicant’s allegations regarding violations of Article 32 [Right to Legal Remedies] of the Constitution, in the proceedings on the request for repetition of the proceedings are not ratione materiae in accordance with the Constitution. These allegations should, therefore, be rejected ratione materiae, in accordance with Rule 39 (3) (b) of the Rules of Procedure.

On the other hand, as regards the other allegations, the Court concludes that the Applicant’s allegations regarding the first court proceedings and in conjunction with violation of Articles 24, 54 and 102 of the Constitution, were filed out of the time limit in accordance with Article 49 of the Law and Rule 39 (1) (c).