Decisions from the review session held on 10 September 2019

In the review session held on 10 September 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 83/18; 2. KI 21/18; 3. KI 91/18; 4. KI 118/18; 5. KI 141/18; 6. KI 10/19; 7. KI 49/19 and 8. KI 94/19.
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 83/18
Applicant: Ivica Millosheviç

The subject matter of the Referral was the constitutional review of the Judgment of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo [AC-I-17-0402] of 22 February 2018 on Privatization Agency of Kosovo related matters, which allegedly violated the Applicant’s rights guaranteed by Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo.
The Referral is based on Article 113.7 [Jurisdiction and Authorized Parties] of the Constitution, Articles 27 [Interim Measures] 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, and Rules 39 (2) and 57 (5) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI 21/18
Applicant: Jakup Siqani

The subject matter of the Referral was the constitutional review of the Decision [CN. No. 10/2017] of the Supreme Court of the Republic of Kosovo of 13 November 2017 and Decision [Ac. No. 1298/2016] of the Court of Appeals of 21 August 2017, in conjunction with Decision [C. No. 644/2014], of 11 January 2016, of the Basic Court in Prishtina. The Applicant alleged that these decisions violated his fundamental rights and freedoms guaranteed by Articles 3 [Equality Before the Law], 7 [Values], 31 [Right to Fair and Impartial Trial], 46 [Protection of Property] and 54 [Judicial Protection of Rights] of the Constitution of Kosovo and Articles 6 (Right to a fair trial), 13 (Right to an effective remedy) and 1 of Protocol No. 1 (Protection of property) 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 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 49 of the Law on the Constitutional Court and Rule 39 (1) (c) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Resolution
Case: KI 91/18
Applicant: Njazi Gashi and 3 others

The subject matter of the Referral was the constitutional review of the Judgment [ARJ. UZV. No.1/2018] of the Supreme Court of the Republic of Kosovo of 25 January 2018, which allegedly violated the Applicants’ rights and freedoms, guaranteed by Articles 31 [Right to Fair and Impartial Trial], 49 [Right to Work and Exercise Profession] and 55 [Limitations on Fundamental Rights and Freedoms] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
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 in accordance with Article 113.7 of the Constitution, and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

4. Resolution
Case: KI 118/18
Applicant: Eco Construction sh.p.k

The subject matter of the Referral was the constitutional review of the Decision [Ac. No. 5706/17], of the Court of Appeals of Kosovo of 15 March 2018, in conjunction with Order [P. No. 698/16], of 11 December 2017, of the Private Enforcement Agent, which allegedly violated the Applicant’s rights and fundamental freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 of the European Convention on Human Rights and Article 54 [Judicial Protection of Rights] of the Constitution.
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 47 of the Law on the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

5. Resolution
Case: KI 141/18
Applicant: Budimir Ristić

The subject matter of the Referral was the constitutional review of the Decision [AC-1-12-0112-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of 26 April 2018 on Privatization Agency of Kosovo related matters, which allegedly violated the Applicant’s rights and freedoms guaranteed by Article 3 [Equality Before the Law], Article 24 [Equality Before the Law] paragraphs 1 and 2 of Article 22 [Direct Applicability of International Agreements and Instruments], Article 31 [Right to Fair and Impartial Trial], Article 46 [Protection of Property] and Article 53 [Interpretation of Human Rights Provisions] of the Constitution of the Republic of Kosovo, as well as rights and the freedoms guaranteed by Article 6 (Right to a fair trial), Article 14 (Prohibition of discrimination) and Article 1 (Protection of property) 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 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, and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

6. Resolution
Case: KI 10/19
Applicant: Besarta Maloku

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 326/18] of the Supreme Court of 9 November 2018, which allegedly violated the Applicant’s rights guaranteed by Articles: 22 [Direct Applicability of International Agreements and Instruments], 31 [Right to Fair and Impartial Trial], 53 [Interpretation of Human Rights Provisions] of the Constitution of the Republic of Kosovo and Article 6 [Right to a fair trial] 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 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, decided that the Referral is inadmissible.

7. Resolution
Case: KI 49/19
Applicant: Limak Kosovo International Airport SH.A., “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 16/2019], of the Supreme Court of the Republic of Kosovo of 7 February 2019, in conjunction with Judgment [Ac. No. 3565/15], of 29 October 2018, of the Court of Appeals and Judgment [C. No. 224/2014], of 19 May 2015, of the Branch in Lipjan of the Basic Court in Prishtina. The Applicant alleged that this Decision violated his fundamental rights and freedoms guaranteed by Article 24 [Equality Before the Law], 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 (ECHR), Article 46 [Protection of Property] of the Constitution, in conjunction with Article 1 (Protection of property) of Protocol no. 1 of the ECHR, and Article 54 [Judicial Protection of Rights] of the Constitution.
The Referral was based on paragraph 4, of Article 21 [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 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 47 of the Law on the Constitutional Court and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

8. Resolution
Case: KI 94/19
Applicant: Sadik Abazi

The subject matter of the Referral was the constitutional review of the Judgment [PML. No. 39/2019] of the Supreme Court of Kosovo, of 7 March 2019, and the Decision [PN. No. 817/16] of the Court of Appeals of Kosovo of 30 November 2016, which allegedly violated the Applicant’s rights guaranteed by Articles 3 [Equality Before the Law], 7 [Values], 16 [Supremacy of the Constitution], 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 54 [Judicial Protection of Rights] and 55 [Limitations on Fundamental Rights and Freedoms] of the Constitution of the Republic of Kosovo.
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 in accordance with Article 113.7 of the Constitution, Articles 47 and 48 of the Law on the Constitutional Court and Rules 39 (1) (c) and (3) (b) of the Rules of Procedure, decided that the Referral is inadmissible.