Constitutional Court

KI64/18, Applicant: Hasan Maxhuni, constitutional review of Decision Rev. No. 234/2017 of the Supreme Court of Kosovo, of 14 December 2017

KI64/18, Resolution on Inadmissibility, rendered on 5 November 2018, published on 6 December 2018.

Keywords: Individual referral, civil dispute, labor dispute, right to a fair trial, right to work, judicial protection of rights, manifestly ill-founded, inadmissible referral

The Applicant challenged the constitutionality of Decision Rev. No. 234/2017 of the Supreme Court of 14 December 2017, which allegedly violates the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial], Article 49 [Right to Work and Exercise Profession] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo. The Applicant argued that the violation of these specific constitutional provisions came as a result of the rejection of his statement of claim by the regular courts, by which he requested the reinstatement to his former working place in the public enterprise Kosovo Railways, considering that the latter, without any valid and legal decision, had terminated his employment relationship.

The Court, after having assessed the Applicant’s Referral in entirety, concluded that the Referral was to be declared manifestly ill-founded on constitutional basis, because the arguments raised by the Applicant do not in any way justify his allegations of violation of the rights protected by the Constitution. Therefore, the Court concluded that the Referral on constitutional basis was manifestly ill-founded and, in accordance with Rule 39 (2) of the Rules of Procedure, it was declared inadmissible.