Decisions from the review session held on 15 April 2020

In the review session held on 15 April 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 58/18; 2. KI 241/19; 3. KI 14/20 and 4. KI 179/19. Below you can read the brief summaries of the Court’s decisions (full texts of the decisions 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 58/18
Applicant: “IIC Assistance”

The subject matter of the Referral was the constitutional review of the Judgment [ARJ. UZVP No. 69/2017], of the Supreme Court of Kosovo of 25 January 2018, which allegedly violated the Applicant’s rights and freedoms guaranteed by 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 on Human Rights, as well as Article 49 [Right to Work and Exercise Profession] of the Constitution.
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 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.

2. Resolution
Case: KI 241/19
Applicant: Sali Krasniqi

The subject matter of the Referral was the constitutional review of the Decision [AC-I-19-0158-A0018] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters of 17 October 2019, rejecting the Applicant’s request for revision against the Judgment [AC –I – 13–0019 – A0018] of the Appellate Panel of the SCSC, of 15 August 2019, and the Judgment of the Specialized Panel of the Special Chamber of the Supreme Court on the Privatization Agency of Kosovo Related Matters. The Applicant alleged that this decision violated his rights and freedoms 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, as well as Article 6 (Right to a fair trial) 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 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, Articles 20, 47.2 and 49 of the Law on the Constitutional Court and Rules 39.1 (b) and 39 (c) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Resolution
Case: KI 14/20
Applicant: Armend Thaqi

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 425/2019] of the Supreme Court of Kosovo, of 10 December 2019, which rejected as ungrounded the Applicant’s revision against Decision [Ac. No. 2630/19], of the Court of Appeals of Kosovo of 24 July 2019. The Applicant alleged that this decision violated his rights guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 54 [Judicial Protection of Rights] 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 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 Rule 39 (2) the Rules of Procedure, decided that the Referral is inadmissible.

4. Resolution
Case: KI 179/19
Applicant: Ardian Ymeri

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 196/2019], of the Supreme Court of Kosovo of 13 August 2019, in conjunction with Judgment [Ac. No. 5453/17] of the Court of Appeals of Kosovo of 6 March 2019 and Judgment [C. No. 142/2015] of the Basic Court in Gjilan, Branch in Viti, of 24 October 2017. The Applicant alleged that this Judgment violated his fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] 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 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.