Decisions from the review session held on 20 June 2019

In order to increase the level of transparency on its work in accordance with the objectives of the Strategic Plan of the Court (2018-2020), in the administrative session held on 13 May 2019, the judges of the Constitutional Court of the Republic of Kosovo rendered a decision that starting from June, the public and the media shall be informed about all cases reviewed and decided in the regular review sessions.

Notifications with summary information regarding decisions adopted after each review session, apart from being sent to the media, they will also be published on the website of the Constitutional Court: www.gjk-ks.org. For judgments of particular importance to the public and to the state institutions, the notification on decisions from the review session will contain more detailed information regarding the case.

Taking into account the rules and procedures provided by the Law on the Constitutional Court and the Rules of Procedure of the Court with regard to the length of the processing of the decisions adopted in the review session until their preparation for publication and submission to the Applicants, the final text of the decisions will be published within the deadline of at least 15 business days (and more, depending on the content and volume of the case for translation) from the time of publication of the notifications with summary information.

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In the review session held on 20 June 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: KI 02/18, KI 25/18, KI 36/18, KI 111/18, KI 129/18, KI 130/18, KI 132/18, KI 156/18, KI 166/18, KI 02/19, KI 18/19 and KI 35/19.

Below you can read the brief summaries of the Court’s decisions (full texts of resolutions and judgments will be submitted to the parties, will be published on the Court’s website and in the Official Gazette during the following days/weeks):

1. Resolution
Case: KI 02/18
Applicant: Government of the Republic of Kosovo/Ministry of Environment and Spatial Planning

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 232/2017] of 15 November 2017, of the Supreme Court of the Republic of Kosovo, whereby, according to the Applicant’s allegations, the Constitution of the Republic of Kosovo was violated, although without accurately specifying any right or freedom that may have been violated.
The submitted Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria established in Article 48 of the Law on the Constitutional Court in conjunction with Rule 39 (1) (d) of the Rules of Procedure. The Court rejected the request for non-disclosure of identity as unreasoned by the Applicant in connection with Rule 32 (6) of the Rules of Procedure.

2. Judgment
Case: KI 25/18
Applicant: Vasilije Antović

The subject matter of the Referral was the constitutional review of Decision CA. No. 1952/2016 of the Court of Appeals of Kosovo, of 25 April 2017, which allegedly violated the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 113.7 of the Constitution, Articles 47 and 48 of the Law on the Constitutional Court and Rule 59 (1) of the Rules of Procedure, unanimously decided to:
I. DECLARE the Referral admissible;
II. HOLD that there has been no violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo in conjunction with Article 6 (Right to a fair trial) of the European Convention on Human Rights;

3. Resolution
Case: KI 36/18
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 98/2017] of the Supreme Court of Kosovo of 19 October 2017, which allegedly violated the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies], Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo and Article 6 (Right to a fair trial), and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria set out in Rule 39 (2) of the Rules of Procedure.

4. Resolution
Case: KI 111/18
Applicant: Dragomir Vlasačević and others

The subject matter of the Referral was the constitutional review of Decision [AC-I-17-0519-0001/0003] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 15 March 2018, which allegedly violated the Applicants’ rights guaranteed by Articles 24 [Equality Before the Law], 32 [Right to Legal Remedies], 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo in conjunction with Articles 6.1 (Right to a fair trial) and 13 (Right to an effective remedy) of the European Convention on Human Rights.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court of the Republic of Kosovo, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria set forth in Article 48 of the Law on the Constitutional Court in conjunction with Rule 39 (2) of the Rules of Procedure.

5. Resolution
Case: KI 129/18
Applicant: Limak Kosovo International Airport J.S.C., “Adem Jashari”

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 220/2018] of the Supreme Court of Kosovo of 4 July 2018, which allegedly violated the Applicant’s rights guaranteed by Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies] and Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial), and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria established in Rule 39 (2) of the Rules of Procedure.

6. Resolution
Case: KI 130/18
Applicant: Limak Kosovo International Airport J.S.C., “Adem Jashari”

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 53/2018] of the Supreme Court of Kosovo of 6 June 2018, which allegedly violated the Applicant’s rights guaranteed by Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], , Article 32 [Right to Legal Remedies] and Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria set out in Rule 39 (2) of the Rules of Procedure.

7. Resolution
Case: KI 132/18
Applicant: Limak Kosovo International Airport J.S.C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 118/2018] of the Supreme Court of Kosovo of 5 April 2018, which allegedly violated the Applicant’s rights guaranteed by Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies] and Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria set out in Rule 39 (2) of the Rules of Procedure.

8. Resolution
Case: KI 156/18
Applicant: Verica (Aleksić) Vasić and Vojislav Čađenović

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-16-0207-A0001-A0006] of the Appellate Panel of the Special Chamber of the Supreme Court on the Privatization Agency of Kosovo Related Matters of 31 May 2018, which, according to the Applicants, denies their right to a 20% share from the privatization of the SOE “Metohija remont” from Peja. The Applicants alleged that the challenged decision violated their rights guaranteed by the Constitution of the Republic of Kosovo, namely Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], and Article 46 (Protection of Property) as well as Article 6 (Right to a fair trial) and Article 14 (Prohibition of discrimination) of the European Convention on Human Rights and Fundamental Freedoms. The Referral was based on Article 113.7 of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria set out in Rule 39 (2) of the Rules of Procedure.

9. Resolution
Case: KI 166/18
Applicant: Limak Kosovo International Airport J.S.C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 219/2018] of the Supreme Court of Kosovo of 3 September 2018, which allegedly violated the Applicant’s rights guaranteed by Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies] and Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria set out in Rule 39 (2) of the Rules of Procedure.

10. Resolution
Case: KI 02/19, KI 03/19, KI 04/19 and KI 05/19
Applicant: Halil Mustafa and 3 others

The subject matter of the Referral was the constitutional review of the four decisions of the Supreme Court of the Republic of Kosovo, which allegedly violated the Applicants’ rights guaranteed by Articles 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 53 [Interpretation of Human Rights Provisions] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, Article 6 (Right to a fair trial) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 15 of the Universal Declaration of Human Rights. The Referrals were based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court decided that the Referrals: KI 02/19, KI 03/19 and KI 04/19 should be declared inadmissible in accordance with Article 48 of the Law and Rule 39 (2) of the Rules of Procedure; Regarding the Referral KI 05/19, the Court decided to declare it inadmissible, as it was filed out of the legal deadline provided by Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure.

11. Resolution
Case: KI 18/19
Applicant: Non – Governmental Organization “Association for Culture, Education and Schooling (AKEA)”

The subject matter of the Referral was the constitutional review of Decision KSHA-OJQ/4-2018 of the Ministry of Public Administration, of 25 September 2018, which allegedly violated the Applicant’s rights and freedoms guaranteed by paragraph 2 of Article 24 [Equality Before the Law], Article 44 [Freedom of Association], paragraph 3 of Article 46 [Protection of Property] and paragraph 1 of Article 55 [Limitations on Fundamental Rights and Freedoms] of the Constitution of the Republic of Kosovo, and Article 11 (Freedom of assembly and association), Article 14 (Prohibition of discrimination) and Article 1 of Protocol No.1 1 (Protection of Property) of the European Convention on Human Rights. The Applicant also requested the Court to impose an interim measure, alleging that “the rejection of the request for interim measure would result in irreparable damage and that the imposition of the interim measure is in the public interest “.
The Referral was based on Article 21.4 [General Principles], and paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rules 32 [Filing of Referrals and Replies] and 56 [Request for Interim Measures] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral inadmissible for non-exhaustion of all legal remedies and therefore failure to meet the admissibility criteria established in Article 113, paragraph 7 of the Constitution, Article 47.2 of the Law and Rule 39 (1) (b) of the Rules of Procedure .
The Applicant’s request for interim measure was rejected, in accordance with Article 27.1 of the Law, and pursuant to Rule 57 (4) (a) of the Rules of Procedure.

12. Resolution
Case: KI 35/19
Applicant: Ramiz Hajdini

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 207/2018] of 7 August 2018, of the Supreme Court of the Republic of Kosovo, in conjunction with the Judgment [Ac. No. 807/2013], of 7 March 2018, of the Court of Appeals and Judgment [C. No. 252/2009], of 31 January 2013, of the Branch in Viti of the Basic Court in Gjilan, which allegedly violated the Applicant’s fundamental rights and freedoms guaranteed by Articles 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo.
The Referral was based on paragraphs 1 and 7, of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], and 47 [Individual Requests] of the Law No. 03/L-121 on Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral inadmissible for failure to meet the admissibility criteria established in Article 49 of the Law and Rule 39 (1) (c) of the Rules of Procedure.