Decisions from the review session held on 11 December 2019

In the review session held on 11 December 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI. 37/19; 2. KI 35/18 and 3. KI 112/18.
Below you can read the brief summary 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 37/19
Applicant: Taekwondo Federation of Kosovo

The subject matter of the Referral was the constitutional review of the non-enforcement of the Judgment [A. No. 870/2016] of the Basic Court in Prishtina, of 20 February 2018, regarding Decision No. 29/2018, of 11 April 2018, of the Ministry of Culture, Youth and Sport, which allegedly violated the Applicant’s rights and freedoms guaranteed by Articles 3 and 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 46 [Protection of Property] and Article 49 [Right to Work and Exercise Profession] of the Constitution of the Republic of Kosovo, and Article 6 (Right to a fair trial) of the European Convention on Human Rights. The Applicant also requested the imposition of interim measure, inter alia, on the grounds that they “they will suffer irreparable harm”, thus referring to the financial damage and inability to register work experience.
– The Court, in accordance with Articles 113.7, 21.4 and 116.2 of the Constitution, Articles 27 and 47 of the Law on the Constitutional Court and Rules 39 (1) (b), 39 (2), 57 and 59 of the Rules of Procedure, decided to reject the request for interim measure and to declare the Referral inadmissible.

2. Judgment
Case: KI 35/18
Applicant: “Bayerische Versicherungsverbrand”

The subject matter was the constitutional review of the Judgment of the Supreme Court of Kosovo [E. Rev. No. 18/2017], of 4 December 2017, in conjunction with Judgment [Ae. No. 12/2016] of the Court of Appeals of Kosovo of 6 June 2017, and Judgment [III. C. No. 626/2013] of the Basic Court in Prishtina of 30 October 2015. The Applicant alleged that this Judgment violated its fundamental rights and freedoms guaranteed by Articles 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.
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 of the Republic of Kosovo, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Articles 21.4 and 113.7 of the Constitution, Articles 27 and 47 of the Law on the Constitutional Court and Rule 59 (1) (a) of the Rules of Procedure, decided with majority of votes:
I. TO DECLARE the Referral admissible;
II. TO HOLD that there has been a violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution and Article 6 [Right to a fair trial] of the European Convention on Human Rights;
III. TO DECLARE invalid Judgment E. Rev. No. 18/2017 of the Supreme Court of 4 December 2017;
IV. TO REMAND Judgment E. Rev. No. 18/2017 of the Supreme Court of 4 December 2017 for reconsideration in accordance with the judgment of this Court;
V. TO ORDER the Supreme Court to submit information to the Court, in accordance with Rule 66 (5) of the Rules of Procedure, about the measures taken to implement the judgment of the Court;
VI. TO REMAIN seized of the matter, pending compliance with that order;

3. Resolution
Case: KI 112/18
Applicant: Mehrije Rexha

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [ARJ-UZVP. No. 43/2018], of 26 June 2018, which allegedly violated the Applicant’s rights guaranteed by Article 21 [General Principles], paragraph 5 of Article 31 [Right to Fair and Impartial Trial], as well as Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, in conjunction with Article 1 of Protocol No. 1 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, Article 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Articles 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.