Challenging Remedies in the Special Chamber of the Supreme Court of Kosovo

On December 04, 2019, the Academy of Justice within the framework of CTP organized a training on: "Challenging Remedies in the Special Chamber of the Supreme Court of Kosovo". The purpose of this training was to advance the knowledge of judges regarding the challenging remedies in the Special Chamber of the Supreme Court of Kosovo.

The first part of the training dealt with Complaints as the sole challenging remedy, the scope of its review and proper application of legal provisions. The second part dealt with the deadlines for filing a complaint, and extraordinary remedies.

It was stated at the outset that the Law on the Special Chamber (LDL) as a separate law applied by the SCSC in Article 9.6 provides the appeal as the only remedy against the judicial decisions issued by the Panel established under Article 9.4 of this Law. (property and privatization cases) and decisions issued by a single judge (other cases under the jurisdiction of the SCSC).

All types of court decisions issued by specialized panels may be appealed, with the exception of judgments on non-appearance which may be appealed. All claims or actions of the KTA, or the Privatization Agency of Kosovo, rejecting the ownership, credit claims against the enterprises that have gone into liquidation proceedings, and the list-related claims may be challenged, employees who have a legitimate right to receive a 20% share of the proceeds of the sale of the socially owned enterprise, complaints relating to the liquidation of an enterprise under the Agency's administrative authorization, and complaints or objections to the cancellation of business transactions, any enterprise that has been subject to liquidation proceedings.

The procedure before the court of appeal is conducted on two levels: the first one is through Specialized Panels, and Appellate Panel.

Article 9.14 of the LSCH currently in force provides that "all judgments and decisions of the Appellate Panel shall be final and shall not be subject to any further appeal". This statutory wording of this legal provision removes all dilemmas about the non-applicability of extraordinary remedies to proceedings before the SCHSC, which are applied in contested proceedings in the regular court system. However, any party dissatisfied with the decision of the Appellate Panel may submit a request to the Constitutional Court of Kosovo for constitutional review of the decision in question.

This training used methods of theoretical partial explanation, interactive discussions, case law analysis as well as examples of meritorious decisions in concrete cases.

Beneficiaries of this training were judges from the Special Chamber of the Supreme Court, judges of the basic courts - general departments - civil divisions, legal officers and professional associates.