Decisions from the review session held on 12 March 2020

In the review session held on 12 March 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 222/19; 2. KI 180/19; 3. KI 205/19 and 4. KI 212/19. 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 222/19
Applicant: Nexhdet Hoti

The subject matter of the Referral was the constitutional review of the Judgment [Ac. No. 2720/16], of the Court of Appeals of Kosovo of 8 October 2019, which allegedly violated the Applicant’s rights guaranteed by Article 31 [to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo.
The Referral was based on Article 113.7 [Jurisdiction and Authorized Parties] of the Constitution, Article 47 [Individual Requests] of 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 in accordance with 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.

2. Resolution
Case: KI 180/19
Applicant: Miloš Šćekić and Ljubica Šćekić

The subject matter of the Referral was the constitutional review of the Judgment [K. No. 2169-17] of the Basic Court in Prizren of 28 March 2019, which allegedly violated the Applicant’s fundamental rights and freedoms, guaranteed by Articles: 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 46 [Protection of Property], 54 [Judicial Protection of Rights] and 109 [State Prosecutor] of the Constitution of the Republic of Kosovo, as well as Article 8 [Right to respect for private and family life] and Article 1 of Protocol 1 [Protection of property] of the European Convention on Human Rights.
The Referral was based on Article 113.7 of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of 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 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 205/19
Applicant: Sahit Musa

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 197/2019] of the Supreme Court of Kosovo of 11 July 2019, by which the Applicant, as alleged representative of the party J.K.,, and which allegedly violated the Applicant’s fundamental rights and freedoms protected by the Constitution of the Republic of Kosovo. The Applicant did not prove to the Court the power of attorney for representation to submit the Referral on behalf of J.H.
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 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 in accordance with Rule 35 (5) of the Rules of Procedure, decided to reject the Referral.

4. Decision
Case: KI 212/19
Applicant: Shaban Gashi

The subject matter of the Referral was the constitutional review of the Judgment [AA. No. 396/2019], of the Court of Appeals of Kosovo of 22 October 2019, which allegedly violated the Applicant’s rights guaranteed by Article 32 [Rights to Legal Remedies] 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] of 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 in accordance with 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.