Decisions from the review session held on 8 October 2019

In the review session held on 8 October 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI. 73/19; 2. KI 78/19; 3. KI 88/18; 4. KI 201/18; 5. KI 143/18; 6. KI 73/18; 7. KI 95/19; 8. KI 96/19; 9. KI 97/19; 10. KI 110/19 and 11. KI 10/18. 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 73/19
Applicant: Hamzë Fekaj

The subject matter of the Referral was the constitutional review of the Decision [AA. No. 506/2018], of the Court of Appeals of the Republic of Kosovo of 12 February 2019, which allegedly violated the Applicant’s rights guaranteed by Article 3 [Equality Before the Law], paragraph 2, 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, paragraphs 1 and 7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 39 (1) (a), 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI 78/19
Applicant: Miodrag Pavić

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 270/2018] of the Supreme Court of the Republic of Kosovo of 18 December 2018, which allegedly violated the Applicant’s rights guaranteed by Article 22 [Direct Applicability of International Agreements and Instruments],] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo.
The Referral was based on Article 113.7 [Jurisdiction and Authorized Parties] of the Constitution, Article 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.

3. Resolution
Case: KI 88/18
Applicant: Hysnije Dedinca

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 124/2018], of the Supreme Court of the Republic of Kosovo of 12 April 2018, which allegedly violated the Applicant’s rights guaranteed by Article 3 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies], Article 54 [Judicial Protection of Rights] and Article 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 [Right to a fair trial] and Article 13 [Right to an effective remedy] of the European Convention for the Protection of Human Rights.
The Referral was based on Article 113.7 of the Constitution, Article 47 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.

4. Resolution
Case: KI 201/18
Applicant: Selami Taraku

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 322/2018], of the Supreme Court of the Republic of Kosovo of 15 October 2018, which allegedly violated the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, by Article 6 (Right to a fair trial) and Article 1 of Protocol No. 1 (Protection of Property) of the European Convention on Human Rights, and Article 10 of the Universal Declaration of Human Rights.
The Referral was based on Article 113.7 [Jurisdiction and Authorized Parties] of the Constitution, Article 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.

5. Resolution
Case: KI 143/18
Applicant: Bekim Mustafa

The subject matter of the Referral was the constitutional review of the Judgment [Ac. No. 3248/17], of the Court of Appeals of the Republic of Kosovo of 17 July 2018, which allegedly violated the Applicant’s rights guaranteed by Articles 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, Article 22 [Processing Referrals] 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 paragraphs 1 and 7 of Article 113 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.

6. Resolution
Case: KI 73/18
Applicant: N. S.

The subject matter of the Referral was the constitutional review of the Judgment [CN. No. 89/2015] of the Basic Court in Mitrovica of 14 August 2015, which allegedly violated the Applicant’s rights guaranteed by Article 24 [Equality Before the Law] and Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, and by Article 6 (Right to a fair trial) of the European Convention on Human Rights. The Applicant also requested that his identity be not publicly disclosed.
The Referral was based on Article 113.7 of the Constitution, Article 47 of Law on the Constitutional Court (No. 03/L-121) and Rule 32 of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 39 (2) and 39 (3) (b) of the Rules of Procedure, decided that the Referral is inadmissible. The Court also approved the Applicant’s request not to disclose his identity, in accordance with Article 8.1 of the Convention on the Rights of the Child and Rule 32 (6) of the Rules of Procedure.

7. Resolution
Case: KI 95/19
Applicant: Ruzhdi Bejta

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 54/2019] of the Supreme Court of the Republic of Kosovo of 11 March 2019, which allegedly violated the Applicant’s rights guaranteed by Articles 23 [Human Dignity], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo and by Article 6 (Right to a fair trial] of the European Convention for the Protection of Human Rights.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 22 [Processing Referrals] 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 paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 48 of the Law on the Constitutional Court and Rules 39 (1) (d) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

8. Resolution
Case: KI 96/19
Applicant: Ðeljalj Kazagić

The subject matter of the Referral was the constitutional review of the Decision [PZD. No. 820/2019], of the Supreme Court of the Republic of Kosovo of 5 February 2019, which allegedly violated the Applicant’s rights guaranteed by Article 30 [Rights of the Accused] and Article 31 [Right to Fair and Impartial Trial] 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 (3) (b) and 56 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

9. Resolution
Case: KI 97/19
Applicants: Gëzim Sadrijaj, Gazmend Sadrijaj and Hidajete Sadrijaj

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 403/2018], of the Supreme Court of the Republic of Kosovo of 8 January 2019, which rejected as ungrounded the Applicants’ revision against Judgment [Ac. No. 1481/2018], of the Court of Appeals of Kosovo of 10 April 2018. The Applicants alleged that the Judgment of the Supreme Court violated their rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo and by Article 6 (Right to a fair trial) of the European Convention for the Protection 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, in accordance with Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and pursuant to Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

10. Resolution
Case: KI 110/19
Applicant: Fisnik Baftijari

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 123/2019], of the Supreme Court of the Republic of Kosovo of 14 May 2019, which allegedly violated the Applicant’s rights guaranteed by Articles: 24 [Equality Before the Law], 30 [Rights of the Accused], 31 [Right to Fair and Impartial Trial] and 34 [Right not to be Tried Twice for the Same Criminal Act], 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, Article 22 [Processing Referrals] 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.

11. Judgment
Case: KI 10/18
Applicant: Fahri Deqani

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 357/2017], of the Supreme Court of the Republic of Kosovo of 22 December 2017, which rejected as ungrounded the Applicant’s request for protection of legality against Decision [PN1. 2156/2017], of the Court of Appeals of 6 December 2017, and Decision [PKR. No. 155/15], of the Basic Court in Ferizaj, Serious Crimes Department of 24 November 2017. The Applicant alleged that the Judgment [Pml. No. 357/2017], of the Supreme Court violated his rights guaranteed by Articles 29 [Right to Liberty and Security] and 31 [Right to Fair and Impartial Trial] 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, Articles 47 and 48 of the Law on the Constitutional Court and Rule 59 (1) of the Rules of Procedure, decided:

I. To DECLARE unanimously the Referral admissible;
II. To HOLD by majority that, Judgment [Pml. No. 357/2017] of the Supreme Court of Kosovo, of 22 December 2017, is not in compliance with Article 29 [Right to Liberty and Security], paragraph 1, item (2), of the Constitution of the Republic of Kosovo, in conjunction with Article 5 (Right to liberty and security), paragraph 3, of the European Convention for the Protection of Human Rights.