Appeal for dismissal of the lawsuit for the Hydropower Plants in Decan

The non-governmental organizations Pishtarët and the Group for Legal and Political Studies (GLPS) as plaintiffs have
filed an appeal against Decision A. Nr. 2089/20 of the Basic Court in Prishtina, Department of Cases
Administrative, by which the Court dismissed the lawsuit for administrative dispute of the organizations GLPS and
Torches, exercised against (1) the Ministry of Economy and Environment and (2) the Energy Regulatory Office
for issuing permits and licenses for the Deçani and Belaja Hydropower Plants in the Deçan.
According to the Ruling, the Basic Court dismissed the lawsuit of GLPS and Pishtarët on the grounds that it exists litigation (litispedenca) because a lawsuit has been filed against the same decisions by another party. GLPS and Pishtarët consider that the Court Ruling is unfounded and unfair because in this case they are not fulfilled the two cumulative conditions of litigation, ie the conditions (1) the same claim and (2) the same parties, because in this case the plaintiffs are different. Also, with the dismissal of the lawsuit, GLPS and Pishtarët have been deprived their fundamental rights to a fair and impartial trial, access to court and in effective remedies.
In the appeal, GLPS and Pishtarët have requested that the Court of Appeals overturn the Ruling and return the case to retrial or to merge the cases in order to guarantee basic human rights guaranteed by the Constitution of Kosovo and the European Convention on Human Rights.
The Service Area of the Center includes only cases where the public institutions in Kosovo violated citizens’ rights.