Court postpones execution of Pristina Community's decision on exchange of property

Court postpones execution of Pristina Community's decision on exchange of property

The Constitutional Court in Pristina has announced on Tuesday that it has postponed the execution of the Pristina Community's decision to exchange property in “The new Pristina, with properties in Zlatar. According to the announcement, this decision was made following the request of the Kosovo Institute for Justice (IKD) for delaying the execution of the decision. It says [...]

According to the announcement, this decision was made following the request of the Kosovo Institute for Justice (IKD) for delaying the execution of the decision.

The fact is that this ruling will not be executed until the Court decides on the merits of the case.

With January 25, 2024, The IKD has filed charges, with the request to postpone the execution of the decision, against Pristina Community Assembly decision No. 01-20/04-236518/23, dated 26.12.23, for exchange of municipal property, namely cadastral parcel, No. 01998-1, with its total surface of 20838 m2 (Zona Kadastrale in Caglavica), and the passage of this property owned by Haradin's Candor and Shaban Kondzhel, with property, namely cadastral parcels, no. 0578-4, with a surface of 3426 m2 (Zona Cadastrale Zllar), owner of Rundman Haradin and Shaban Kondzhel, and the passage of this property owned by the Pristina municipality”, it is said in the media communique.

The court has found that with the proposal for delaying the execution of the verdict, The IKD has offered reliable arguments that in concrete cases all conditions for delaying the execution of the Municipal Assembly decision of Pristina have been fulfilled in a comprehensive and quantum way.

The execution of this decision would be difficult to undo. On the other hand, the Court estimated that postponing the execution of this decision is not contrary to public interest, nor does it bring great harm to the opposing side or to the interested person. Rather, the Court found that the very postponement of the execution of the decision represents public interest”.

Thus, the Court has found that the IKD has sufficiently argued to meet the legal conditions for the adoption of a request to postpone the execution of the verdict, until the court finally decides regarding the legality of the ruling that was sharply opposed to the IKD indictment.

Otherwise, on January 20, 2024, The IKD had reacted to the Pristina Community Assembly's decision to exchange the property of this municipality in “The new Pristina”, with properties in Zlatar, naming this decision illegal.

 

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