Decisions from the review session held on 11 September 2019

In the review session held on 11 September 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 36/19 and 2. KI 40/19.
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 36/19
Applicant: The Independent Commission for Mines and Minerals

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court [E. Rev. No. 26/2017] of 17 January 2018, which allegedly violated the Applicant’s rights guaranteed by Articles 3 and 24 [Equality Before the Law], 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 49 of the Law on the Constitutional Court and Rule 39 (1) (c) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI 40/19
Applicant: Kujtim Shabani, Lulëzim Shabani, Luljeta Shabani and Alije Shabani

The subject matter of the Referral was the constitutional review of the Decision of the Supreme Court of Kosovo [Rev. No. 394/2018], of 14 January 2019, which allegedly violated the Applicants’ rights guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] 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 (3) (b) of the Rules of Procedure, decided that the Referral is inadmissible.