Constitutional Court

KI153/17, Applicant: Kadri Rexhepi, Constitutional review of Judgment AC-I.-14-0003 of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters of 28 September 2017

KI153/17, Resolution of 25 May 2018, published on 12 June 2018

Key words:  manifestly ill-founded referral,

Following the publication of the final list of employees who met the criteria for benefiting a part of 20% proceeds from the privatization and liquidation of the Socially Owned Enterprise 28 Nëntori, in Podujeva, the Applicant filed a complaint with the SCSC Specialized Panel, because he had not been included in the list. His complaint was dismissed as filed out of time.

The Applicant filed an appeal with the second instance–Appellate Panel–claiming that KPA had the obligation to notify the workers in person and not through newspapers or TV broadcast. In his appeal, the Applicant also alleged that he had been ill when the official list of beneficiaries of 20% was published.

The Appellate Panel rejected the Applicant’s appeal reasoning that the notice had been given in accordance with the applicable legislation and that the Applicant’s being ill had not been confirmed by evidence.

The Applicant did not mention any violation before the Constitutional Court regarding any article of the Constitution, and repeated the allegations he had presented before the Appellate Panel.

The Court reminded the Applicant of the Appellate Panel having addressed his allegations by making reference to legal provisions, and that the mere fact that the Applicant is not satisfied with the outcome of the proceedings in his case cannot raise an arguable claim of a breach of Constitution.

For these reasons, the Referral was declared manifestly ill-founded on constitutional basis.