The current remains expensive: Supreme Decides for ZERE

“Approved as the basis for extraordinary review of the judicial decision, set forth by indictee Office of Energy Regulatory (ZRRE), against acting out of the Appeal-Department for Administrative Affairs in Pristina, A.A. No. 364/2022 on the 17th. 05. 2022. The Act of Appeal-Department for Administrative Affairs in Pristina, A.A. No. 364/2022 of the date 17.05.2022 and the Act of Foundation Court in Pristina-Department for Administrative Affairs A. No. 656/22, 08.04. 2022, as well as being refused as being based on the prosecution-proposal of the Democratic Party of Kosovo for delaying the execution of the verdict indictee's Energy Regulatory Office by no. prot. 077/2022 on the 1602.22th, until being placed according to the indictment with the final ruling in the” judicial procedure, the Supreme Court ruling says.

Full communication:

Supreme Court College in the administrative conflict, according to the indictment of the plaintiff-proposor of the Democratic Party of Kosovo (PDK) against indictees- against proposor Office of Energy Regulatory ( According to law - based aborting of indictees' decision, No. prot. 077/22 of the year 16,02.22 and the request for the execution of the same, deciding on the request for extraordinary review of the judicial decision put forward by the ZRE indictee, against the ruling of the Court of Appeals, has approved it as the basis for extraordinary review of the judicial decision, put forward by indictee (ZRRE) against the Act of Court of Appeals.

The Supreme Court's college has changed the decision of the Court of Appeals and the Constitutional Court Act in Pristina, and has refused the impeachment of the plaintiffs to postpone the execution of the verdict indictees' Energy Regulatory Office.

The Supreme Court, through ARJ No.45/2022, estimates that given such a situation in the case, the legal and legal position of the Court of Appeals and of the Court of Court is not approved as fair and legal.

In the concrete case, the Court of Appeals was meant to be quantum, just as they are envisioned in Article 22pm. 2 of the ERKA, to assess correctly all circumstances and facts according to the specifics of the issue set forth as in the decision of the indicted ZRE body, so the first instance in the case of the release of the temporary contradicting mass has wrongly applied this legal provision, as well as the second degree court when it approved such a position of the First Court court, because according to the assessment of the Supreme Court's reasoning on the case for exacting an extraordinary review of the judicial decision, but that of the first degree is unconistental and uncontainable in the facts that are based on these crucial decisions.

The facts and conclusions of the lower institutions courts are generalised and as such unconfirmed about what is the concrete damage and how the damage caused to the plaintiff, which would hardly be repaired before an assessment of the legality of the verdict contested in regular judicial procedure, while the delay would not be at the expense of the opposing party or the interested side and the delay would not be in opposition to public interest.

From this it turns out that the rationale of the Apel's controversial decision of the Court contains no legal and convincing reasons for the evidence of the subject for the legal conditions required under Article 22 of the LKA for the release of the provisional measure, not becoming faithful to the irreparable damage that would justify the provisional measure at this stage and by failing to prejudge the completion of the settlement procedure according to the indictment, in a meritive way, concerning the legality of the administrative act.