- The Constitutional Court
KI241 / 19, Applicant: Sali Krasniqi, Constitutional review of Decision AC-I-19-0158-A0018 of the Appellate Panel of the Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters, of 17 October 2019
KI241 /19, Resolution on Inadmissibility of 15 April 2020, published on 14 May 2020
Keywords: individual referral, out of time, manifestly ill founded, resolution on inadmissibility
Based on the case file, it results that the Referral relates to a dispute over some land parcels, which the Applicant claims to have purchased from B. T. LJ in 1974, on the basis of an oral contract. As a result, even though the Applicant claims to have fulfilled the contractual obligation to the seller, the right of ownership over the property in question was never transferred to the Applicant. In 1982 the parcels in question were expropriated on the basis of a decision by the Municipal Assembly of Klina (from the seller B.LJ.) and became the ownership of the two socially-owned enterprises.
In this regard, the Applicant filed a claim with the Municipal Court in Klina against the respondent SOE “Kosova” in Vushtrri-OBPB “Drini i Bardhë” in Volujakë (Klina), in whereby he requested the determination of property rights. The Applicant filed a claim also before the Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters (hereinafter: SCSC) where he sought “to established that he is the owner of parcels no. 221/3, 213/3 and 219/5.“
The procedure continued initially before the Specialized Panel of the SCSC and afterwards before the Appellate Panel of the SCSC, which rejected the Applicant’s statement of claim. In this regard, the Applicant alleges that these decisions violate the rights and freedoms guaranteed by Article 24 [Equality before the Law] and Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial), and Article 1 of Protocol 1 (Protection of Property) of the European Convention on Human Rights.
Taking into consideration the allegations and the circumstances of the Referral, the Court noted that the Applicant’s Referral, whereby he challenges the decision AC-I-13-0019-A0018 of the Appellate Panel of the SCSC, dated 15 August 2019, was filed out of time, because upon the receipt of the decision, he did not submit a Referral to the Constitutional Court within the prescribed deadline, instead he submitted a request for revision which is not provided by law as a legal remedy. Therefore, the Court rejected this part of the Applicant’s Referral because it was out of time.
The Court has also noted that the Applicant in his Referral had raised a claim for compensation before the Court, however, the Court found that the Applicant had failed to file the claim before the regular courts, hence the regular courts had not dealt with its merits. Therefore, the Court rejected this claim of the Applicant as manifestly ill founded.
KI – Individual Referral
Legal remedies are not exhausted, Referrals is filed out of time