Constitutional Court

KI71/18, Applicants: Kamer Borovci, Mustafë Borovci and Avdulla Bajra, Constitutional review of Decision No. 02/38243 of the Municipality of  Kamenica of 12 September 2017

KI71/18, Resolution on inadmissibility, rendered on 21 November 2018, published on 19 December 2018

Keywords: Individual referral, request for interim measure, right to legal remedies, right to fair trial, right to work, judicial protection of rights, non-exhaustion of legal remedies, inadmissible referral

The Applicants challenged the constitutionality of the final decision of the Municipality of Kamenica, alleging violations of their rights protected by Articles 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, as well as Articles 6 [Right to a fair trial], 13 [Right to an effective remedy] and Article 1 to Protocol No. 1 of the European Convention on Human Rights and Fundamental Freedoms. The Applicants argued that the Municipality of Kamenica had not notified them about the procedure of the expropriation of certain cadastral parcels, where among them, were their immovable properties.

The Court, after assessing the Applicants’ Referral in entirety, concluded that their Referral on constitutional basis was to be declared inadmissible because it did not meet the admissibility requirements to be further reviewed on merits, as the Applicants did not exhaust all effective legal remedies provided by law.