Decisions from the review session held on 5 February 2020

In the review session held on 5 February 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the referrals: 1. KI 100/19; 2. KI 85/19; 3. KI 09/19; 4. KI 53/19; 5. KI 118/19; 6. KI 142/19; 7. KI 126/18; 8. KI 194/18; 9. KI 184/19; 10. KI 218/19 and 11. KI 57/18.
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 100/19
Applicant: Bedri Gashi, as alleged representative of Q.B., F.G., T.M., Z.B. and B.B.

The subject matter of the Referral was the constitutional review of: 1. The actions of the Prosecutor of the Basic Prosecution Office in Peja; 2. The actions of the Municipality of Klina and the proceedings conducted in the Basic Court in Peja – Branch in Klina, consequently not specifying any concrete act of a public authority.
In the submitted Referral, the alleged representative did not specify precisely what rights and fundamental freedoms guaranteed by the Constitution of the Republic of Kosovo have allegedly been violated by an act of a public authority.
The Referral was based on paragraphs 1 and 7 of Article 113 of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of the Law No.03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] and Rule 35 [Withdrawal, Dismissal and Rejection of Referrals] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to paragraphs 1 and 7 of Article 113 of the Constitution, Article 22.4 of the Law on the Constitutional Court and Rule 35 (5) of the Rules of Procedure, decided to reject the Referral.

2. Resolution
Case: KI 85/19
Applicant: Bujar Shabani

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [E. Rev. no. 6/2019], of 15 April 2019, which as alleged by the Applicant violated his rights guaranteed by Articles: 3 [Equality before the Law], 21 [General Principles], 24 [Equality before the Law], 31 [Right to Fair and Impartial Trial], 46 [Protection of Property] and 53 [Interpretation of Human Rights Provisions] of the Constitution of the Republic of Kosovo, and Article 6 (Right to a fair trial) and Article 1 Protocol 1(Protection of property) 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 No.03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 27 of the Law on the Constitutional Court and Rules 39 (2), 42, 57 and 59(2) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Resolution
Case: KI 09/19
Applicant: Leutrim Hajdari

The subject matter of the Referral was the constitutional review of the Judgment of the Basic Court in Peja – Branch Klina [C. no. 239/2017], of 6 September 2018. In his Referral, the Applicant did not specify what constitutional rights and freedoms he alleges to have been violated, but requested from the Court to interpret and review the constitutionality and legality of the divorce proceedings initiated by him, at the Basic Court in Peja – Branch in Klina.
The Referral was based on Article 113.7 of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of the Law No.03/L-121 on the Constitutional Court, as well as Rule 32[Filing of Requirements and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 47.2 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure, decided that the Referral is inadmissible.

4. Resolution
Case: KI 53/19
Applicant: Muharrem Mehmeti

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [ARJ-UZVP.no.62/2018], of 5 December 2018, which as alleged by the Applicant violated his rights guaranteed by Articles: 21 [General Principles], 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, as well as Article 6 [Right to fair trial] of the European Convention on Human Rights and Article 7 of the Universal Declaration 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 the Law No.03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to paragraphs 1 and 7 of Article 113 of the Constitution and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

5. Resolution
Case: KI 118/19
Applicant: Pashk Mirashi

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev. no. 71/2019], of 20 March 2019, which as alleged by the Applicant violated his rights guaranteed by Articles 3 [Equality before the Law], 16 [Supremacy of the Constitution], 21 [General Principles], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 49 [Right to Work and Exercise Profession] of the Constitution of the Republic of Kosovo, Article 6 (Right to a fair trial) ) of the European Convention on Human Rights and Articles 6 and 7 of the International Covenant on Economic, Social and Cultural Rights (Right to Work).
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 No.03/L-121 on the Constitutional Court, as well as Rule 32[Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 of the Law on the Constitutional Court and Rules 39 (1) (d), 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

6. Resolution
Case: KI 142/19
Applicant: “Ge Group sh.p.k.”

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [E.Rev.no.9/2019], of 23 May 2019, in conjunction with the Judgment of the Court of Appeals of Kosovo [Ac.no.238/2016], of 9 November 2018. The Applicant alleged that this Judgment violated his rights and fundamental freedoms guaranteed by Articles 24 [Equality before the Law], 31 [Right to Fair and Trial] impartial] and 54 [Judicial Protection of Rights] 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 Articles 113.7 [Jurisdiction and Authorized Parties] and 21.4 [General Principles] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of the Law No.03/L-121 on the Constitutional Court, as well as Rule 32 [ Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to Articles 113.7 and 21.4 of the Constitution, Articles 20 and 47 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: KI 126/18
Applicant: The Council of Islamic Community in Gjakova

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev.no.197/2018], of 13 June 2018, in conjunction with the Judgment of the Court of Appeals of Kosovo [Ac.no.1870/13], of 16 March 2018, and with the Judgment of the Basic Court in Gjakova – General Department – Civil Division [C.no.324/2008], of 2 April 2013. The Applicant alleged that this Judgment violated his rights guaranteed by paragraph 2 of Article 22 [Direct Applicability of International Agreements and Instruments], Article 31 [Right to Fair and Impartial Trial], Article 53 [Interpretation of Human Rights Provisions], Article 46 [Protection of property] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to fair trial) and Article 1(Protection of property) of Protocol no.1 of the European Convention on Human Rights.
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 No.03/L-121 of the the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to 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 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

8. Resolution
Case: KI 194/18
Applicant: Kadri Muriqi dhe Zenun Muriqi

The subject matter of the Referral was the constitutional review of the Judgment of the Supreme Court of Kosovo [Rev.no.157/2018], of 4 July 2018, in conjunction with the Judgment of the Court of Appeals of Kosovo [Ac.no.2743/2016 ], of 25 January 2018 and the Judgment of the Basic Court in Peja – General Department [C.no.896 / 12], of 18 May 2016. The Applicants alleged that this Judgment violated their rights guaranteed by Articles: 31 [Right to Fair and Impartial Trial], 46 [Protection of Property] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, in conjunction with Articles 6 (Right to a fair trial) and Article 13 (Right to an effective remedy) of the European Convention on Human Rights (ECHR), and Article 1 (Protection of property) of Protocol no. 1 of the ECHR.
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 No.03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of Constitutional Court.
– The Court, pursuant to 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 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

9. Resolution
Case: KI 184/19
Applicant: Naser Gashi

The subject matter of the Referral was the constitutional review of the decision of the Supreme Court of Kosovo [Rev.no.220/2019], of 10 July 2019, in conjunction with the decision of the Court of Appeals of Kosovo [Ac. no. 1803/19], of 25 April 2019, and with the judgment of the Basic Court in Prishtina [C.no. 532/19], of 5 March 2019. The Applicant alleged that this Decision violated his 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 on Human Rights.
The Referral was based on Articles 113.7 [Jurisdiction and Authorized Parties] and 21.4 [General Principles] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of the Law No.03/L-121 on the Constitutional Court, as well as Rule 32[Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to paragraphs 1 and 7 of Article 113 of the Constitution, Article 20 of the Law on the Constitutional Court and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

10. Resolution
Case: KI 218/19
Applicant: Shani Morina

The subject matter of the Referral was the constitutional review of the decision of the Court of Appeals of Kosovo[Ac.no.2451/19], of 2 July 2019, which as alleged by the Applicant violated his rights and fundamental freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo.
The Referral was based on Article 113.7 of the Constitution, Article 47 of the Law No.03/L-121 on the Constitutional Court and Rule 29 of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to 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.

11. Resolution
Case: KI 57/18
Applicant: Hajriz Ferizi

The subject matter of the Referral was the constitutional review of the decision of the Court of Appeals of Kosovo [Ac.nr.5434/2012], of 14 February 2018, which as alleged by the Applicant violated his 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 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 No.03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of Constitutional Court.
– The Court, pursuant to Article 113.7 of the Law on the Constitutional Court and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.