The Constitutional Court grants the Government the right to land for the construction of a social center in Gracanica.

The Constitutional Court has ruled in favor of the Government of Kosovo in the case related to the transfer of public property for the construction of the Residential Center for people with autism, Down syndrome, disabilities, adults and the elderly in Graçanica, assessing that the decision is in accordance with the law and the public interest.

Regarding this parcel, the Municipality of Gracanica complained that it affects municipal interests.

According to the judgment, the legal framework of the Republic of Kosovo gives priority to the public interest in cases of transfer of ownership of public property, while requiring that this property be administered in accordance with the criteria of legality and transparency. The center, according to the plan, will be built by the Association "Orphans of the Balkans", while the Government will provide it with the land for use for 99 years.

The court explained that during the hearing neither party contested the existence of public interest in the construction of the Residential Center. It was also found that the previous projects mentioned by the Municipality of Gracanica for that plot were not implemented, while a company interested in building a solar park had withdrawn from the project.

The government, in its justification, said that the construction of the center materializes Kosovo's international obligations stemming from the European Convention on Human Rights, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities.

Consequently, the Court assessed that the public interest in the construction of the facility is clear and indisputable, emphasizing that the project is for the benefit of all parties involved, including the Municipality of Graçanica.

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The Court also reiterated that local autonomy, although guaranteed by the Constitution, is not absolute and must be exercised in accordance with the Constitution and applicable laws.

In conclusion, the Constitutional Court found that the Government's decision was issued within the legal competences and does not violate the local autonomy of the municipality. According to her, the project for the construction of the Residential Center for people with autism, Down syndrome, disabilities, adults and the elderly not only serves the public interest, but also directly contributes to the social protection and realization of the rights of the most vulnerable categories of society.