Decisions from the review session held on 18 December 2019

In the review session held on 18 December 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 180/18; 2. KI 172/18; 3. KI 140/18 and 4. KI 07/18.  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 180/18
Applicant: Metullahe Hoxha

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 144/2018] of the Supreme Court of Kosovo of 5 May 2018, which allegedly violated the Applicant’s rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 4 [Form of Government and Separation of Power], 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 31 [Right to Fair and Impartial Trial], and 57 [General Principles] 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 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 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 172/18
Applicant: Arbër Kryeziu

The subject matter of the Referral was the constitutional review of the Decision [CA. No. 925/2018], of the Court of Appeals of Kosovo of 16 July 2018, which allegedly violated the Applicant’s fundamental rights and freedoms guaranteed by Articles 31 [Right to Fair and Impartial Trial] and Article 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 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 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 Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 39 (1) (b), 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Resolution
Case: KI 140/18
Applicant: Naim Osmani

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 36/2018], of the Supreme Court of Kosovo of 30 April 2018, which rejected the Applicant’s request for protection of legality as ungrounded. The Applicant alleged that this Judgment violated the rights guaranteed by Article 21 [General Principles], Article 22 [Direct Applicability of International Agreements and Instruments], 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 for the Protection of Human Rights, Article 11 of the Universal Declaration of Human Rights, Article 14 of the International Covenant on Civil and Political Rights, and Articles 53 [Interpretation of Human Rights Provisions] and 54 [Judicial Protection of Rights] of the Constitution
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 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 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. Judgment
Case: KI 07/18
Applicant: “Çeliku Rollers” l.l.c.

The subject matter of the Referral was the constitutional review of the Judgment [E. Rev. No. 14/2017] of the Supreme Court of Kosovo, of 14 September 2017, in conjunction with Judgment [Ae. No. 133/2016] of the Court of Appeals of 14 April 2017 and with the judgment of the Department for Commercial Matters of the Basic Court in Prishtina [IC. No. 660/2013], of 31 March 2016. The Applicant alleged that this Judgment violated the rights guaranteed by Article 6 (Right to a fair trial) of the European Convention on Human Rights (ECHR).
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 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 Article 113, paragraphs 1 and 7 of the Constitution, Articles 20 and 27 of the Law on the Constitutional Court and Rules 39, 57 and 59 of the Rules of Procedure, decided:
I. TO DECLARE the Referral admissible;
II. TO HOLD that Judgment [E. Rev. No. 14/2017], of the Supreme Court of 14 September 2017, is in compliance with Article 31 [Right to Fair and Impartial Trial] of the Constitution in conjunction with Article 6 (Right to a fair trial) of the ECHR;