Constitutional Court

KI 30/20 and KI 31/20, Sibin Ristić, Constitutional review of two judgments of the Supreme Court of Kosovo on Kosovo Property Agency Related Matters: Judgment GSK-KPA-A-239/2015 of 20 October 2018, and Judgment GSK-KPA-A-238/2015 of 15 November 2018  

KI30/20 and KI31/20, resolution on inadmissibility of 3 February 2021, published on 1 March 2021

Keywords: individual referrals, non-exhaustion of legal remedies, resolution on inadmissibility

The essence of the joint Referrals KI30/20 and KI31/20 is the jurisdiction of the Kosovo Property Agency (hereinafter: the KPA) to deal with the issue of return to possession of two parcels to which the Applicant considers that he has a property right. The Court also noted the fact that the Applicant submitted the Referral to the Constitutional Court exclusively in his own name, despite the fact that the requests for return to possession of the parcels in question were submitted to the KPA together by several potential co-owners, including the Applicant.

Considering the Applicant’s allegations as well as the facts of the present case, the Court concludes that the Applicant has not exhausted all legal remedies in the present case in accordance with Rule 39 (1) (b) of the Rules of Procedure.

More specifically, the Applicant challenged before the Constitutional Court two decisions made by the authority that was not competent to deal with the claims in question in accordance with the legal provisions of the applicable law. Despite the legal instruction, the Applicant did not initiate proceedings before the relevant authority.