Upended Up to Return Property Session in the Serbian Orthodox Church

Upended Up to Return Property Session in the Serbian Orthodox Church

Jovica Mitrovic's judge has decided to postpone the conference session between the University of Pristina until it is decided to drop the indictment for lack of legitimacy. This decision was made Thursday at the Constitutional Court in Pristina, where Pristina University has exercised indictments in 2015. It says that from December 12th [...]

Jovica Mitrovic's judge has decided to postpone the conference session between the University of Pristina until it is decided to drop the indictment for lack of legitimacy.

This decision was made Thursday at the Constitutional Court in Pristina, where Pristina University has exercised indictments in 2015. It is said that since December 12th 1975, it has been exploiting the surface estate of 4.27.16 ha in Pristina, which has been reportedly unhindered throughout this time, since the same has been an integral part of the University Campus according to the University Centre's diplomatic planning plan in Pristina.

State lawyer Ilire Aydogan, who represents the Pristina municipality, has sought to cease hearings and expel the judge because the same can't decide on the proposal without deciding on procedural issues. Meanwhile, the Pristina municipality had filed a request to postpone sessions through the State Lawyer's attorney.

He has even asked for a 180-day extension, but the court had not returned the response. Serbian Orthodox Church representative Aleksandar Radovanovic has rejected the Pristina municipality's proposal. He said the indictment was made in 2017 and had enough time for collecting all paperwork. This session was originally scheduled to be held on March 25th of this year, but the same session was postponed, for which “The Justice Trust” had reported.

The indictment reportedly states that the first indictee, Pristina's municipality, contrary to the urban plan, without legal grounds, and has illegally provided the second indictee, the Serbian Orthodox Church “. S. Serpska” in Pristina, which is said to have now usurped the opposing part illegally built the Orthodox Church “Sveti Sava”, on the surface of 0.54.12 ha, with a yard on the surface of 3.73.04 ha.

In addition, the indictment is said to be based on these facts now the plaintiff according to the law in force, as the bearer of the right to exploitation of real estate, has the right to demand for the return of now the opposing real estate, since the same has reportedly had it in legitimate exploitation and ownership of this property.

Also, the indictment reportedly states that according to UNMIK Rule No. 1999/24, it is estimated that all laws of administrative decisions and judicial decisions issued after the 22 March 1989, that are of discrimination nature cannot be implemented in Kosovo. Also, the indictment says these actions are illegal because the same were taken under violent measures from the violent former Municipal Executive Council, so according to UNMIK Rule No.1999/24, all laws administrative decisions and judicial decisions issued after March 22nd 1989, that are of discrimination nature cannot be implemented in Kosovo.

By this indictment, The UPP is asking the court to approve the indictment and its prosecution, to prove that the same has the right to exploit real estate in the total area of 4.27.16 ha, in Pristina, to owe the Pristina Community to change the right of non-compliance. On the other hand, it is required that the two indictees return to the free and unhindered exploitation of this real estate, as well as solidly the indictees to compensate for the costs of the procedure.

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