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Press Release

18.12.2010

The Constitutional Court of the Republic of Kosovo announces that during the deliberation sessions held on 13, 14, 15, 16 and 17 December 2010 it decided on the referrals submitted to the Constitutional Court.
Consequently, the referrals registered in the Court’s Secretariat and listed below, were, inter alia, decided upon as follows:

In the Case KI 08/09, “The Trade Union of Employees of the Steel Factory – IMK Ferizaj, represented by Mr. Ali Azemi, head of the Union, on the assessment of the constitutionality of the Resolution of the Municipal Court in Ferizaj, Resolution C. No. 340/2001”, the Court deliberated and unanimously decided that the referral was admissible, and unanimously concluded that there is a violation of the right of the Applicants guaranteed by Article 31 of the Constitution of the Republic of Kosovo, and Articles 6 and 13 of the European Convention on Human Rights.

In the Case KI 32/10, “Deputy Chairperson of the Municipal Assembly for Communities in Peja, on the assessment of the constitutionality of the Decision on the appointment of a Deputy Mayor for Communities in Peja”, the Court deliberated and unanimously decided that the case was admissible, and unanimously concluded that there was a violation of Articles 45 and 54, in conjunction with Article 57 of the Constitution of the Republic of Kosovo in the appointment of Mr. Ibish Bajrami as a Deputy Mayor for Communities in Peja by way of vote of the Municipal Assembly Chairperson, and ordered a repetition of the procedure for the appointment of the Deputy Mayor for Communities in the Municipality of Peja”.

The Court deliberated on the following Cases: KI 51/09, 08/10, 16/10, 22/10, 24/10, 27/10, 31/10, 41/10, 42/10, 45/10, 53/10, 54/10, 56/10, 57/10, 58/10, 59/10, 60/10, 61/10, 63/10, 64/10, 65/10, 66/10, 67/10, 68/10, 71/10, 74/10 and 76/10 (KEK III) and it unanimously decided to declare them:

  • Admissible;
  • Partially admissible; and
  • Void and null, depending on certain referrals.

Also, the Court concluded that there is a violation of Article 46 of the Constitution of the Republic of Kosovo, in relation with Article 1 of Protocol 1 of the European Convention on Human Rights, Article 31 of the Constitution in relation with Article 6 of the European Convention on Human Rights,

In the Case KI 55/09, “Tahir Hoxha against Kosovo Tax Administration”, the Court deliberated and unanimously decided that the referral is admissible, and unanimously concluded that there is no violation of Article 6 of the European Convention on Human Rights.

Meanwhile, the following referrals registered in the Court’s Secretariat were, inter alia, rejected as inadmissible:

  • KI 11/10 – Feti Islami on the assessment of the constitutionality of the Decisions of the Supreme Court of Kosovo, Rev. Nr. 395/2008, and the District Court in Peja, Ac.nr. 306/06;
  • KI 52/09 – Sheh Ali Shehu on the assessment of the constitutionality of the judgment of the Supreme Court of the Republic of Serbia, Rev. 995/99;
  • KI 07/10 – Municipality of Klina on the assessment of the constitutionality of the Decision of the Kosovo Independent Oversight Board, Nr. 112/08;
  • KI 49/09 – Veli Sermaxhaj on the assessment of the constitutionality of the Decisions of the Municipal Court in Gjilan, E. nr. 299/05, P. nr. 772/05, and Ed. nr. 44/09;
  • KI 01/10 – Gani Ibërdemaj on the assessment of the constitutionality of the Decision of the District Court in Prishtina, Ac. nr. 1224/09;
  • KI 72/10 – Agef Gmbh on the assessment of the constitutionality of the Decision of the Municipal Court in Prishtina, nr. 353-1297;
  • KI 67/09 – Idriz Ratkoceri on the assessment of the constitutionality of the judgment of the Municipal Court in Prishtina, P. 1216/2004;
  • KI 44/10 – Gafur Podvorica against the Ministry of Labour and Social Welfare;
  • KI 04/10 – Xhafer Maliqi and others against the Kosovo Chamber of Advocates;
  • KI 61/09 – “Adler Com”  Sh.p.k. from Gjakova on the assessment of the constitutionality of the Order of the Mayor of Gjakova;
  • KI 74/09 – Feti (Hamez) Gashi on the assessment of the constitutionality of the judgment of the Supreme Court of Kosovo, Rev.nr. 184/2008;
  • KI 65/09 – Zejni Selimi on the assessment of the constitutionality of the judgment of the Supreme Court of Kosovo, A. nr. 727/2009;
  • KI 57/09 – Agron Vula on the assessment of the constitutionality of the Decision of Gjakova Municipality on non-implementation of the Decision of the Independent Board;
  • KI 28/10 – Faik Azemi on the assessment of the constitutionality of Decisions of the District Court in Prishtina, Ac. nr. 5/2010, and Municipal Court in Prishtina, E. nr. 67/2008;
  • KI 88/10 – Agim Paca against Enver Hasani, former Rector of the University of Prishtina;
  • KI 24/09 – Shaqir Prevetica on the assessment of the constitutionality of the Decision of the Municipal Court in Prishtina, CI. nr. 05/08;
  • KI 34/09 – Imer Ibriqaj on the assessment of the constitutionality of the Decision no. 03V-115 of the Assembly of the Republic of Kosovo;
  • KI 29/09 – Teki Bokshi on the assessment of the constitutionality of UNMIK Administrative Order No. 2003/13;
  • KI 32/09 – Avdi Rizvanolli on the assessment of the constitutionality of UNMIK Administrative Order No. 2003/13; and
  • KI 47/09 – Qaush Snajlaj on the assessment of the constitutionality of UNMIK Administrative Order No. 2003/13;

Also, the Court upheld requests for Interim Measures in these cases:

  • KO 119/10 – Ombudsperson’s Institution on the assessment of the constitutionality of Article 14, paragraph 1.6, Article 22, Article 24, Article 25 and Article 27 of the Law on Rights and Responsibilities of Assembly Members No. 03/L-111;
  • KI 121/10 – Sitaram Chaulagai, Krishna Bandur Chamlagai, Chandra Kala Chauhan and Hom Bahadur

Battarai on the assessment of the constitutionality of the Decisions of the High Court for Minor Offences in Prishtina, GJL. nr. 1260/2010, 1259/2010, 1261/2010, 1258/2010.

Whereas in the Case KI 118/10 – “The Association of Kosovo Insurance Companies on the assessment of the constitutionality of the Law No. 03/L-179 on the Red Cross of the Republic of Kosovo”, the Constitutional Court rejected the referral on interim measures.

Resolutions, decisions and judgments will be issued, notified and published within the time limit set by law.

The Constitutional Court of Kosovo was established in January 2009.

With its authority to review legislation and individual complaints of rights violations, the Court is the ultimate check on legislative and executive power in Kosovo and the final arbiter of the meaning of constitutional provisions enshrining human rights and freedoms.

"Perandori Justinian", nr. 44. 10000 Prishtina, Republic of Kosovo

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© The Constitutional Court of Kosovo