The Constitutional Court of Kosovo has declared as inadmissible the request of four banks of Serbia and 410 Serb miners who asked the court to assess the constitutional compatibility of the Law on Trepca, stating that the applicants are not authorized parties to file such a request.
The Constitutional Court received three referrals challenging the Law on Trepca adopted by the Assembly of Kosovo on 08 October 2016, putting the mining complex under government control by giving the state 80 percent of shares and miners 20 percent, a move that was opposed by Belgrade and Kosovo Serbs.
The first referral was submitted by Banka e Kosoves J.S.C. Belgrade, with its seat in Belgrade asking the court to declare the Law on Trepca inadmissible with the constitution and reject it. The second referral was submitted bu three other banks of Serbia - Jugobanka J.S.C.; Beobanka J.S.C. and Beogradska banka J.S.C., with their seat in Belgrade. The third referral was submitted by Momcilo Nedeljkovic on behalf of 410 employees of mine Kishnica and Novobrdo, which is part of the Trepca mining complex.
All applicants challenge the compatibility with the Constitution of the Law on Trepca alleging that the Law is contrary to the their rights guaranteed by Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo and Article 1of Protocol 1[Protection of property] of the European Convention of Human Rights. They also requested the Court to impose an interim measure "and to suspend the application of the Law on Trepca until a decision is taken.
However the Constitutional Court considers that the Applicants are not authorized party to refer constitutional matters in abstract regarding the constitutional assessment of a Law in order to obtain a remedy in the name of the collective interest. Trepca’s ownership structure has been the subject of dispute between Kosovo and Serbia. Belgrade claims 75 percent of Trepca, part of which is on its territory.