Decisions from the review session held on 29 April 2020

In the review session held on 29 April 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 56/19; 2. KI 103/19; 3. KI 225/19; 4. KI 216/19 and 5. KI 02/20. 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 56/19
Applicant: Xhevat Thaçi

The subject matter of the Referral was the constitutional review of the Judgment [PML. No. 70/2019] of the Supreme Court of Kosovo of 4 March 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] and 53 [Interpretation of Human Rights Provisions] 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 paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 22 [Processing Referrals] 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 and 47.2 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.

2. Decision
Case: KI 103/19
Applicant: Illmi Sopa

The subject matter of the Referral was the constitutional review of Resolution on Inadmissibility KI 49/18 of the Constitutional Court of the Republic of Kosovo, of 14 December 2018, in conjunction with Judgment [PML. No. 316/2016] of the Supreme Court of Kosovo of 15 March 2017, which, according to the Applicant’s allegations, violated his constitutional rights 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.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], 47 [Individual Requests] and 48 [Accuracy of the Referral] 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 22.4 of the Law on the Constitutional Court, and Rule 35 (5) of the Rules of Procedure, decided to reject the Referral.

3. Resolution
Case: KI 225/19
Applicant: Kadri Bullut

The subject matter of the Referral was the constitutional review of the Decision [AC-I-17-0250-A0001], of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 12 September 2019. The Applicant alleged that this decision violated his rights guaranteed by Articles 46 [Protection of Property] and 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo, and Articles: 6 [Right to a fair trial], 13 [Right to an effective remedy] and 14 [Prohibition of discrimination] 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 paragraphs 1 and 7 of Article 113 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. Resolution
Case: KI 216/19
Applicant: Selim Sejdiu

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 407/2018] of the Supreme Court of Kosovo of 11 December 2018, which allegedly violated the Applicant’s rights guaranteed by Articles: 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 53 [Interpretation of Human Rights Provisions] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, Article 6 (Right to a fair trial) of the European Convention on Human Rights and Article 15 of the Universal Declaration of 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 paragraphs 1 and 7 of Article 113 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.

5. Decision
Case: KI 02/20
Applicant: Skender Musa (as alleged representative of person E. Z.)

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 245/2019], of the Supreme Court of Kosovo of 17 September 2019, which allegedly violated the constitutional rights and freedoms of person E.Z., guaranteed by Articles 3 [Equality Before the Law], 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 alleged Applicant did not submit to the Court the evidence of authorization for representation of person E.Z.
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 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.