Decisions from the review session held on 26 February 2020

In the review session held on 26 February 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KO 203/19; 2. KI 188/19; 3. KI 192/19; 4. KI 206/19; 5. KI 231/19 and 6. KI 109/19. 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. Decision on extension of interim measure
Case: KO 203/19
Applicant: The Ombudsperson

The subject matter of the Referral is the constitutional review of Articles 2 (paragraph 3), 5 (paragraph 1, subparagraph 1. 2 and paragraph 2), 10 (paragraphs 1 and 2), 11, 14 (paragraph 5), 15 ( paragraphs 4 and 6), 17 (paragraph 7), 31 (paragraph 3), 32 (paragraph 5), 33 (paragraph 5), 34 (paragraph 16), 35 (paragraph 6), 37 (paragraph 5), 38 ( paragraph 7), 39 (paragraph 11), 40 (paragraph 12), 41 (paragraph 6), 42 (paragraphs 10 and 11), 43 (paragraph 13), 44 (paragraph 4), 48 (paragraph 9), 49 (paragraph 6), 52 (paragraph 7), 54 (paragraph 6), 67 (paragraph 11), 68 (paragraph 8), 70 (paragraph 8), 71 (paragraph 8), 75, 80 (paragraph 4), 83 (paragraph 18) and 85 of Law No. 06/L-114 on Public Officials, published in the Official Gazette of the Republic of Kosovo on 11 March 2019, and which entered into force six (6) months after its publication in the Official Gazette. The Applicant alleged that the challenged articles are not in compliance with paragraph 2 of Article 132 [Role and Competencies of the Ombudsperson] of the Constitution of the Republic of Kosovo.
In his Referral the Applicant also requested the Constitutional Court to impose interim measure for immediate suspension of the challenged provisions, which request was approved by the Court after the first review, on 19 November 2019.
The Referral was based on paragraph 2, sub-paragraph 1 of Article 113 [Jurisdiction and Authorized Parties] and paragraph 2 of Article 116 [Legal Effect of Decisions] of the Constitution; Articles 22, 27, 29 and 30 of Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo, and Rules 32, 56, and 57 of the Rules of Procedure of the Constitutional Court of the Republic of Kosovo.
– The Court, without prejudice to the admissibility or the merits of the Referral, in accordance with Article 116.2 of the Constitution, Article 27 of the Law on the Constitutional Court and Rule 57 of the Rules of Procedure:
I. TO EXTEND the interim measure decided by the Decision on Interim Measure in case KO203/19 of 19 November 2019, until 28 April 2020;
II. TO EXTEND SUSPENSION of the implementation in entirety of Law No. 06/L-114 on Public Officials, in the duration specified in item I;

2. Resolution
Case: KI 188/19
Applicant: Saranda Nimani

The subject matter of the Referral was the constitutional review of the Decision [C. No. 61/2008] of the Basic Court in Mitrovica, of 14 May 2019, which allegedly violated the Applicant’s rights and freedoms guaranteed by Article 46 [Protection of Property] 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 of the Republic of Kosovo, Articles 22 [Processing Referrals], 47 [Individual Requests], 48 [Accuracy of the Referral] and 49 [Deadlines] 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 paragraphs 1 and 7 of Article 113 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.

3. Decision
Case: KI 192/19
Applicant: Naser Shala

The subject matter of the Referral was the constitutional review of the Decision [CA. No. 1802/2019] of the Court of Appeals of Kosovo of 6 May 2019, which allegedly violated the Applicant’s rights guaranteed by Articles: 22 [Direct Applicability of International Agreements and Instruments], 31 [Right to Fair and Impartial Trial], 46 [Protection of Property], 49 [Right to Work and Exercise Profession] 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 of Protocol No. 1 (Protection of property) of the European Convention on Human Rights.
The Referral was based on Article 113.7 of the Constitution, Article 47 of Law No. 03/L-121 on the Constitutional Court, and Rule 32 of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 113.7 of the Constitution, Articles 22.4 and 48 of the Law on the Constitutional Court, and Rules 29 and 35 (5) of the Rules of Procedure, decided to reject the Referral.

4. Resolution
Case: KI 206/19
Applicant: Mladen Nikolić

The subject matter of the Referral was the constitutional review of the Decision [Gž. No. 659/2017] of the Court of Appeals of Kosovo of 21 May 2019, which allegedly violated the Applicant’s rights, in contradiction with Articles 478, 479 and 480 of Law No. 03/L-006 on Contested Procedure. The Applicant has not accurately clarified what fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo have allegedly been violated by the challenged Decision.
The Referral was based on 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 Article 113.7 of the Constitution, Article 48 of the Law on the Constitutional Court and Rule 39 (1) (d) of the Rules of Procedure, decided that the Referral is inadmissible.

5. Resolution
Case: KI 231/19
Applicant: SOE “KOSOVA-EXPORT”

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-15-0212-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court on the Privatization Agency of Kosovo Related Matters of 22 August 2019. The Applicant alleged that this Judgment violated his rights and freedoms guaranteed by Article 3 paragraph 1 [Equality Before the Law], Article 7 [Values], Article 24 paragraph 1 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 54 paragraph 1 [Judicial Protection of Rights] and Article 102 paragraph 3 [General Principles of the Judicial System] 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 Articles 21.4 and 113.7 of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rules 32 [Filing of Referrals and Replies] and 56 [Request for Interim Measurea] 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 27.1 of the Law on the Constitutional Court and Rules 39 (2) and 57 (1) of the Rules of Procedure, decided that the Referral is inadmissible.

6. Resolution
Case: KI 109/19
Applicant: Mehmet Qerimi

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 5/19] of the Supreme Court of Kosovo of 22 January 2019, which allegedly violated the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 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 of the Republic of Kosovo, Articles 22 [Processing Referrals], 47 [Individual Requests], 48 [Accuracy of the Referral] and 49 [Deadlines] 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.