Decisions from the review session held on 4 September 2019

In the review session held on 4 September 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 113/18, KI 114/18 and KI 115/18; 2. KI 147/18; 3. KI 200/18; 4. KI 07/19; 5. KI 44/19; 6. KI 46/19; 7. KI 114/19 and 8. KO 124/19.
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):

1. Resolution
Case: KI 113/18, KI 114/18 and KI 115/18
Applicant: Halim Thaqi, Ramadan Grajqevci and Enver Hajrizi

The subject matter of the Referral was the constitutional review of the 3 decisions of the Basic Court in Prishtina, rendered between 17 January and 28 March 2018, which allegedly violated the Applicants’ rights guaranteed by Articles 3 [Equality Before the Law], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 46 [Protection of Property], and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, as well as the Applicant’s rights guaranteed by Article 6 (Right to a fair trial) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Articles 7 and 10 of the Universal Declaration of Human Rights.
The Referral was based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law on the Constitutional Court (No. 03/L-121) and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court found that:
Referrals KI113/18 and KI114/18 were not submitted within the legal deadline and that in accordance with Article 113.7 of the Constitution, Article 20 of the Law and Rules 39 (1) (c) and 59 (2) of the Rules of Procedure, the Referrals are inadmissible;
Referral KI115/18 is manifestly ill-founded on constitutional basis and in accordance with Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, is inadmissible.

2. Resolution
Case: KI 147/18
Applicant: Arbër Hadri

The subject matter of the Referral was the constitutional review of Decision (06/375) of the Committee on Agriculture, Forestry, Rural Development, Environment and Spatial Planning of the Assembly of Kosovo on the recommendation of candidates for the election of the Director of the Agency for the Management of Memorial Complexes of Kosovo, of 22 May 2018, and Decision (No. 06-V-151) of the Assembly of Kosovo on the selection of the Director of the Agency for the Management of Memorial Complexes of Kosovo of 6 June 2018. The Applicant alleged that these decisions violated his fundamental rights and freedoms guaranteed by Articles 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 45 [Freedom of Election and Participation] 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 Law on the Constitutional Court (No. 03/L-121) and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court found that the Applicant has not exhausted all legal remedies provided by law and in accordance with Article 113.7 of the Constitution, Article 47.2 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure, decided to declare the Referral inadmissible.

3. Resolution
Case: KI 200/18
Applicant: Sokol Haziraj

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Rev. No. 261/2018], of 30 October 2018, which allegedly violated the Applicant’s rights guaranteed by Article 32 [Right to Legal Remedies] of the Constitution of the Republic of Kosovo, Article 13 of the European Convention on Human Rights and Protocol No. 7 thereof.
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 Law on the Constitutional Court (No. 03/L-121) and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to Article 113.7 of the Constitution, Article 20 of the Law on Constitutional Court and in accordance with Rules 39 (2) and 59 (2) of the Rules of Procedure, decided to declare the Referral inadmissible.

4. Resolution
Case: KI 07/19
Applicant: Shemsi Hajrizi

The subject matter of the Referral was the constitutional review of the decision to suspend the employment relationship of 19 October 2016. The Applicant did not accurately specify what fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo were violated by the challenged decision.
The Referral was based on Article 113.7 of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law on the Constitutional Court (No. 03/L-121) and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court found that the Applicant has not exhausted all legal remedies provided by law and in accordance with Article 113.7 of the Constitution, Article 47.2 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure, decided to declare the Referral inadmissible.

5. Decision
Case: KI 44/19
Applicant: Ymer Kubati

The subject matter of the Referral was the constitutional review of the decision of the Court of Appeals of Kosovo [Ac. No. 3072/18], of 25 February 2019, which allegedly violated the Applicant’s rights in violation of the Law on Public Debt Forgiveness and the Law on Enforcement Procedure. The Applicant did not specify what fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo were violated by the challenged decision.
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 Law on the Constitutional Court (No. 03/L-121) and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to Article 113.7 of the Constitution, Articles 47 and 48 of the Law on the Constitutional Court and Rule 35 (5) of the Rules of Procedure, decided to reject the Referral.

6. Resolution
Case: KI 46/19
Applicant: Naser Husaj

The subject matter of the Referral was the constitutional review of the decision of the Supreme Court [Rev. No. 363/18], of 13 November 2018, which allegedly violated the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial] 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 Law on the Constitutional Court (No. 03/L-121) 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, Article 20 of the Law on the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, declared the Referral inadmissible.

7. Resolution
Case: KI 114/19
Applicant: Nazim Krasniqi

The subject matter of the Referral was the constitutional review of the decision of the Supreme Court [Rev. No. 45/219], of 7 March 2019, in conjunction with the decision of the Court of Appeals [Ac. No. 3225/2018], of 14 September 2018, and the Judgment of the Court of Appeals [Ac. No. 5330/2012], of 17 March 2015.  The Applicant alleged that this Decision violated his constitutional fundamental rights and freedoms guaranteed by Article 22 [Direct Applicability of International Agreements and Instruments], Article 24.2 [Equality Before the Law] and Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, as well as the rights guaranteed by Article 6 (Right to a fair trial) and Article 8 (Right to respect for private and family life) of the European Convention on Human Rights.
The Referral was based on Article 113.7 of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law on the Constitutional Court (No. 03/L-121) 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, in accordance with Article 113.7 of the Constitution, Article 49 of the Law on the Constitutional Court and Rules 39 (1) (c), (3) (b) and 57 (1) of the Rules of Procedure, decided to declare the Referral inadmissible.

8. Resolution
Case: KO 124/19
Applicant: The (outgoing) Prime Minister of the Republic of Kosovo

The subject matter of the Referral was the request for interpretation of the act of resignation of the Prime Minister of the Republic of Kosovo and the definition of the competences and functioning of the Government after the resignation of the Prime Minister.
The Referral was based on paragraph 10 of Article 93 [Competencies of the Government], in conjunction with Article 113 [Jurisdiction and Authorized Parties] of the Constitution of the Republic of Kosovo.
– The Court concluded that the questions raised by the Applicant do not fall within the scope of the jurisdiction of the Constitutional Court, as set out in Article 113 of the Constitution. Therefore, in accordance with Article 113, paragraph 1, of the Constitution, and Rule 59 (2) of the Rules of Procedure, the Court unanimously decided:
TO DECLARE the Referral inadmissible.