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Resolution on Inadmissibility

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Resolution on Inadmissibility • REPlILlI.IK/\ E Kos ovitS · PEIIYliJIIIK/\ KOCOIIO · REPl' IIL1C OF KOSOVO G.JYKATA KUSHTETUESE YCTABHII CY.n: CONSTITUTIONAL COURT SEKRETARlA/SEKRETAJUJAT/SECRETARLAT Pristina, on 18 July 2013 Ref. No.:RK4S7/13 RESOLUTION ON INADMISSIBILITY III Case no. KI136/12 Applicant Dusanka Petrovic and 26 others Constitutional Review ofthe Judgment ofthe Special Chamber ofthe Supreme Court of Kosovo ASC-09-0005, ASC-09-0007, ASC-09-0008 of9 August 2012 THE CONSTITUfIONAL COURT OF THE REPUBLIC OF KOSOVO composed of Enver Hasani, President Ivan Cukalovic, Deputy-President Robert Carolan, Judge Altay Suroy, Judge Almiro Rodrigues, Judge Snezhana Botusharova, Judge Kadri Kryeziu, Judge and Arta Rama-Hajrizi, Judge Applicants 1. Dusanka Petrovic 10. Boskovic Liljana 19. Bagas Marina 2. Vulkic Vuko 11. Lekic Dragoljub 2o.Nadica Martinovic 3. Mirjana Jovanovic, 12. Vojislav Bojovic 21. Banjevic Veljko 4. Gutic Snezana 13. Dusica Lakicevic 22. Karac Biljana 5. Dobrila Bogicevic, 14. Vladislav Lakicevic 23. Sekulovic Batric 6. Babovic Dusanka, 15. Darmanovic 24. Radic Darko 7. Jankovic Vladan Valentina 25. Verica Aleksic 8. Jozovic Irena 16. Kuc Zorica 26. Stanija Krstic 9. Cadenovic Dragana 17. Lekic Marina 27. Zdravkovic Janko 18. Dasic Dragan 1. All of them of SOE "Metohija - represented by lawyer Dejan A. from Mitrovica. Challenged decision 2. The challenged is the Judgment of the Chamber of Supreme Court of ASC-09-0007, of 9 August Applicant was served on him on August 2012. Subject matter The Applicants by the Judgment of Chamber of the Supreme Court of ASC-09-0005, ASC-09-0007, ASC-09-000S of 9 August 2012, the guaranteed by the Republic of Kosovo, Article 31 and Impartial Trial] were since the Applicants were final list drafted Agency of Kosovo PAK), on the of the enterprise and in the right to of 20% of the proceeds the enterprise. ..........." .......... basis 113.7 of the Constitution), Article Republic of Kosovo Rules of Procedure Procedures). )ct:~e(lun.gs before the Constitutional Court December 2012, the submitted Court. January 2013, by Decision 136/12, the President of Judge Ivan Cukalovic as Rapporteur. On the same ofthe Court appointed Panel composed of judges: (Presiding) and Judges Botusharova and Kadri January 2013, the Constitutional notified the Applicant 0"1c:"ro::>T1An of Referral, fill in the for registration of S. 2013, the Constitutional notified the Special Chamber of Kosovo the registration of Referral. the Applicants' submitted to form of the Court for Referral. 2 Summary offacts 10. Applicants used to work in "Metohija- Rugova" 11. With privatization of "Metohija- Rugova" from the Applicants were on list drafted by compensation of proceeds privatization ofthe ","'1""'1"1'"),1"1 employees lodged an the list PAK in the ofthe 2009, the Special of the Supreme acting upon other employees, who challenged the right Applicants inclusion in the final the Judgment SCEL-08-0003, by which approved the appeal by the Applicants final list. 14· ASC-09-0008, by which it that they do not the of UNMIK Applicants' allegations 15. The Applicants December 2012 constitutional Chamber Court ASC-09-000B 9 2012, with a after reviewing Referral and providing necessary by Special Chamber Supreme to determine that the Constitution of Kosovo has been violated, Article 31, and as a consequence to ANNUL the challenged judgments and to return the matter for retrial or to approve the Referral and to the challenged judgment so that in the final of employees of "Metohija-Rugova" from are included the abovementioned and to allow them to compensation 20% ofsale the privatization ofthe " Preliminary assessment admissibility ofthe KefeJrra order to be able to the Applicant's Court has to assess beforehand the Applicant the requirements of admissibility, are by the Constitution, as further specified in the Law and the Rules Procedure. In this respect, the to Article 113.1 of Constitution where is provided: "The Constitutional to court in a legal manner by 3 .. Regarding Applicants' Referral, the refers Article 49 Law, which provides: referral be submitted within a offour months. deadline shall be counted from the day upon which the claimant has been served a court In other cases, the deadline shall be countedfrom the day when the decision or act is publicly announced. Ifthe is made a law, the deadline shall be from the when the entered into force. " 19. determine a period of 20. submitted Court that the Referral was submitted compliance \Nith Article of the Law, because the representative states ASC-09-0005- ASC­ 09-0007- ASC-09-0008 of the Supreme of 9 2012 was on them on 24 August 2012. 21. Court further notes the Applicant submitted Referral Secretariat the Constitutional Court on 2012, which implies Referral was submitted 4 of time limit provided 22. lJU,''-'U on the it results Referral is out of time. Therefore, Referral should as inadmissible, non­ compliance with limit, by Article ofthe Law. 4 FOR THESE REASONS The Constitutional Court, pursuant to Article 113.7 of the Constitution, Article 49 of the Law and Rule 36.1 (b) ofthe Rules of Procedure, on 18 July 2013, unanimously: DECIDES I. TO REJECT the Referral as Inadmissible; II. This Decision shall be notified to the Parties and shall be published in the Official Gazette, in accordance with Article 20-4 of the Law on Constitutional Court; and, III. This Decision is effective immediately. Judge Rapporteur President ofthe Constitutional Court ~~ttr~/ I Ivan Cukalovic 5 .
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