Constitutional Court

The Applicant filed the Referral pursuant to Articles 113.7 and 21.4 of the Constitution of Kosovo challenging the Resolution of the Supreme Court of Kosovo, No. KRJA 3/2010 dated 4 May 2011, and the proposal of the Applicant to have another decision on the merits of his rights pursuant to the new law, which the Supreme Court rejected as inadmissible.

The Applicant claimed that the Law on Regular Courts is still not applicable, and that the only competent Court for administrative issues, in first and second instance, is the Supreme Court of Kosovo. Therefore, the Supreme Court of Kosovo was obliged to render a decision on merits in regard to the request for extraordinary revision of a court decision, pursuant to provisions of Law No. 03/L-202 on Administrative Conflicts, which is in force since 5 November 2010, considering that this law is more favorable for the parties in proceedings.

Deciding on the Applicant’s, DELOITTE KOSOVO LLC, Referral, the Constitutional Court, after reviewing the proceedings in their entirety, did not find that the relevant proceedings with the regular courts were in any way unfair or tainted by arbitrariness. Therefore, the Court concluded that the Supreme Court in its Judgment already once rendered a decision on the merits for the same allegations of the Applicant. Therefore, the Referral is manifestly ill-founded since the presented facts do not in any way justify the allegation of a violation of the constitutional rights.