On April 7 2016, Kosovo Judicial Institute within CTP conducted training on the topic "The definition of the jurisdiction of the Special Chamber of the Supreme Court in relation to regular courts".
The purpose of this training was to deepen the knowledge of judges on the legislation in force, in particular on the Law on the Special Chamber of the Supreme Court (SCSC) namely the scrutinising of Article 4, which defines as exclusive competence areas dealing with objecting the decisions of the former KTA and KPA, as well as the possibility of sending cases to the regular courts under Article 5 of the law on SCSC.
In the training were also addressed different claims for financial losses from these agencies, claims against an enterprise or social corporation, demands claiming any right, title or interest in any property, or the property on which the KPA or KTA has or has proclaimed administrative authority, ownership of an enterprise and ownership on social owned enterprises’ capital, all these being associated with cases from practice.
Comprehensively were addressed the dilemmas in practice regarding the entities that could lodge a lawsuit as defined by Article 5 of the Law on SCSC. During the training were given answers to the following questions: if the accused party does not fall under the definition of Article 5 of the Law on SCSC, whether the SCSC should take over the case or the regular court? Who can be sued at the SCSC? Whether the Articles 4 and 5 of the Law on SCSC should be applied simultaneously so as to restrict the competence, or they should be applied separately? The training was focused on the elaboration of the dilemmas raised through discussions with participants and analysis of current problems in practice.
The beneficiaries of this training were Judges of the Special Chamber of the Supreme Court, judges from the Administrative Affairs Department of the Basic Court in Prishtina and General Departments (civil division) from all Basic Courts.
07-04-2016