Constitutional Court

KI41/18, Resolution on inadmissibility, rendered on 26 September 2018, published on 2 November 2018.

Keywords: Individual referral, right to a fair trial, protection of property, judicial protection of rights, out of time referral

In the Referral, the Applicant challenged the constitutionality of Decision AC-I-17-0728-A0001 of the Appellate Panel of the Special Chamber of the Supreme Court, of 18 January 2018, which rejected as inadmissible her request for correction of the Judgment of the Appellate Panel of the Special Chamber of the Supreme Court. The Applicant complained of violations of Articles 31, 46 and 54 of the of the Constitution of the Republic of Kosovo and violation of Article 6 in conjunction with Article 1 of Protocol No. 1 of the European Convention on Human Rights, because her name did not appear on the list of employees who benefited from 20% of the privatization of the socially-owned enterprise.

The Court, in this case, came to the conclusion that the Applicant used a legal remedy, which was not foreseen by law. As a result, she missed the legal deadline of four (4) months to challenge the constitutionality of the final Judgment of the Appellate Panel of the Special Chamber of the Supreme Court, which ordered the removal of Applicant’s name from the list employees who benefited from 20% of the privatization of the enterprise. Finally, the Court concluded that the Referral was not submitted within the legal time limit established in Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure.