Decisions from the review session held on 6 November 2019

In the review session held on 6 November 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the referrals: 1. KI197/18; 2. KI60/18; 3. KI65/18; 4. KI80/18; 5. KI81/18; 6. KI82/18; 7. KI122/18; 8. KI123/18; 9. KI124/18; 10. KI29/19; 11. KI61/19 and 12. KI16/19. Below you can read the brief summaries of the decisions of the Court (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: KI197/18
Applicant: Ramadan Bislimi

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court [PML. no. 179/2018] of 23 August 2018, Judgment of the Court of Appeals [PA1.no.104/2017] of 24 April 2018 and the Judgment of the Basic Court [P.no.1418/16] of 26 July 2017. The Applicant alleged that these Judgments have violated his rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, as well as the Applicant’s right guaranteed by paragraph 1 of 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 the 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI60/18
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev.no.223/2017] of 27 December 2017 which, as alleged by the Applicant, violated its rights guaranteed by 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) of the European Convention for the Protection of Human Rights and Article 1 of Protocol no.1 thereof.
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 Request] of the 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, acting pursuant to 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: KI65/18
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev. no.254/2017] of 14 December 2017 which, as alleged by the Applicant, violated its rights guaranteed by 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) of the European Convention for the Protection of Human Rights and Article 1 of Protocol no.1 thereof.
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 Request] of the 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

4. Resolution
Case: KI80/18
Parashtrues: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev. no. 8/2018] of 7 February 2018 which, as alleged by the Applicant, violated its rights guaranteed by 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) of the European Convention for the Protection of Human Rights and Article 1 of Protocol no.1 thereof.
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 on the Court 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

5. Resolution
Case: KI81/18
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev. no.263/2017] of 15 January 2018 which, as alleged by the Applicant, violated its rights guaranteed by 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) of the European Convention for the Protection of Human Rights and Article 1 of Protocol no.1 thereof.
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 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

6. Resolution
Case: KI82/18
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev.no.2/2018] of 9 January 2018 which, as alleged by the Applicant, violated its rights guaranteed by 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) of the European Convention for the Protection of Human Rights and Article 1 of Protocol no.1 thereof.
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 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

7. Resolution
Case: KI122/18
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev. no.128/2018] of 23 April 2018 which, as alleged by the Applican,t violated its rights guaranteed by 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) of the European Convention for the Protection of Human Rights and Article 1 of Protocol no.1 thereof.
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 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

8. Resolution
Case: KI123/18
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev. no.126/2018] of 4 May 2018 which, as alleged by the Applicant, violated its rights guaranteed by 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) of the European Convention for the Protection of Human Rights and Article 1 of Protocol no.1 thereof.
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 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

9. Resolution
Case: KI124/18
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev. no.127 / 2018] 0f 12 April 2018 which, as alleged by the Applicant, violated its rights guaranteed by 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) of the European Convention for the Protection of Human Rights and Article 1 of Protocol no.1 thereof.
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 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

10. Resolution
Case: KI29/19
Applicant: Blerim Ademi

The subject matter of the Referral was the constitutional review of the actions of the Kosovo Energy Distribution Service (KEDS). In his Referral, the Applicant did not challenge any concrete act of any public authority within the meaning of Article 113.7 of the Constitution.
The Referral was based on paragraphs 1 and 7 of Article 113 of the Constitution of the Republic of Kosovo, Articles 22 [Processing Referrals] and 47 [Individual Requests] of the Law on the Constitutional Court (No.03/L-121), as well as on 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 47 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure, decided that the Referral is inadmissible.

11. Resolution
Case: KI61/19
Applicant: Bahrije Baftiu

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court [Rev.no.304/2018] of 13 November 2018 which, as alleged by the Applicant, violated her rights guaranteed by Articles: 24 [Equality before the Law], 31 [Right to Fair and Impartial trial], and 54 [Judicial Protection of Rights], in conjunction with Article 21 [General Principles] 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], Article 47 [Individual Requests], Article 48 [Accuracy of the Referral] and Article 49 [Deadlines] of the 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

12. Resolution
Case: KI16/19
Applicant: “Bejta Commerce”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [E.Rev.no.20/18] of 31 July 2018, in conjunction with the Judgment of the Court of Appeals [Ac. no.178/2016] of 21 March 2018 and the Judgment of the Basic Court in Prishtina [IV.C.no.570/14] of 12 July 2016. The Applicant alleged that the Judgment of the Supreme Court violated its rights guaranteed by Article 3 [Equality before the Law], Article 7 [Values], Article 21 [General Principles], Article 24 [Equality before the law], Article 31 [Right to Fair and Impartial Trial], Article 53 [Interpretation of Human Rights Provisions], Article 54 [Judicial Protection of Rights], and by Article 119 [General Principles] of the Constitution of the Republic of Kosovo.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraph 7 of Article 113 [Jurisdiction and Authorized Parties], Articles 22 [Processing Referrals] and 47 [Individual Requests] of the 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 the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.