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16.10.2015

The Ombudsperson published Ex-officio Report regarding judicial procedure on complaints against Preliminary Decisions on Expropriation of Immovable Property

The Ombudsperson of the Republic of Kosovo today has published Ex-officio Report with Recommendations, Case No.  517/2015, regarding judicial procedure on complaints against Preliminary Decisions on expropriation of Immovable Property.


Law No. 03/L-139 (amended and supplemented by the Law No. 03/L-205) on expropriation of immovable property, determines a specific procedure for judicial complaints against the Preliminary Decision on expropriation issued by the Government or the Municipality. According to this procedure, in case of lodging a claim against the Preliminary Decision, “the Court ….renders the judgement on the case within thirty (30) calendar days after the response from the Expropriating Authority has been delivered [towards the lodged complaint]” (id., Article 35, par. 6, subpar. 3) and, “in case the court fails to actually render a judgment within the thirty (30) day period …., the court shall be deemed to have issued a judgment rejecting the complaint in its entirety immediately upon the expiration of such thirty  (30) day period ” (id., Article 35, par. 8).


This Report has two main objectives:


(1) To evaluate if the above given procedure comprise human rights violation guaranteed by the Constitution and is in contrary with best international practices on human rights, and


(2) To recommend to the Assembly of Republic of Kosovo further amending and supplementing of the Law 03/L-139, based on these assessment.


Based on analyses of the legal base, legal background and assessment of judicial procedures, the Ombudsperson finds that:


(1)   Law No. 03/L-139 (amended and supplemented by Law No. 03/L-205) on expropriation of the immovable property, represents violation of the right to property, according to Article 46 of the Constitution of Republic of Kosovo and Article 1 of the Protocol One to the European Convention on Human Rights Protection.


(1)   Law No. 03/L-139 (amended and supplemented by Law No. 03/L-205) on expropriation of the immovable property, represents violation of the right to fair and impartial trial, according to the Article 31 of the Constitution of Republic of Kosovo and Article 6 of the European Convention on Human Rights Protection.


Based on these findings and pursuant to Article 135, par. 3 of the Constitution of Republic of Kosovo and Article 16, par. 1 of the Law on Ombudsperson, the Ombudsperson recommends to the Assembly of Republic of Kosovo to:


(1) Fully revoke the Article 35, par. 6, subpar. 3 and 4 of the Law No. 03/L-139 (amended and supplemented by Law No. 03/L-205) on expropriation of the immovable property:


(2) Fully revoke Article 35, par. 8 of the Law No. 03/L-139 (amended and supplemented by Law No. 03/L-205) on expropriation of the immovable property.


(3) Fully revoke Article 35, par. 13, subpar. 3 and 4 of the Law No. 03/L-139 (amended and supplemented by Law No. 03/L-205) on expropriation of the immovable property


You can find here the full version of this Report addressed to the Assembly of Republic of Kosovo.

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