Decisions from the review session held on 9 July 2020

In the review session held on 9 July 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 17/19; 2. KI 93/19; 3. KI 113/19; 4. KI 122/19 and 5. KI 140/19. 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 17/19
Applicants: Zymer Neziri, Rexhep Doçi, Daut Bislimi, Xheladin Shala, Adem Zejnullahu, Exhlale Dobruna, Mehmet Ahmetaj

The subject matter of the Referral was the constitutional review of Administrative Instruction [No. 09/2015] on the categorization of users of contribution-payer pension according to the qualification structure and the duration of the payment of contribution-pension experience of the Ministry of Labor and Social Welfare (MLSW). The Applicants alleged that the Administrative Instruction of the MLSW is contrary to paragraph 2 of Article 3 [Equality Before the Law] and Article 7 [Values] of the Constitution of the Republic of Kosovo, as well as Article 8 of Law No. 04/L-131 on State-Funded Pension Schemes.
The Referral was based on paragraphs 1 and 7 of Article 113 of the Constitution, Article 47 of Law No. 03/L-121 on the Constitutional Court, and Rule 29 of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that the Referral be declared inadmissible as it was not submitted by an authorized party, 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 (1) (a) of the Rules of Procedure.

2. Decision
Case: KI 93/19
Applicant: Valton Karaxhiu

The subject matter of the Referral was the constitutional review of the unspecified acts of a public authority, which allegedly violated the Applicant’s rights guaranteed by Articles 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 36 [Right to Privacy] and 102 [General Principles of the Judicial System] 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, 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 Review Panel proposed that, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 22.4 and 48 of the Law on the Constitutional Court, and Rules 32 (2) (c) and (h), 35 (5) and 59 (3) of the Rules of Procedure, the Referral be declared inadmissible.

3. Resolution
Case: KI 113/19
Applicant: Islam Qerimi

The subject matter of the Referral was the constitutional review of the Applicant’s request for interpretation of Article 3 [Notary authorizations and notary deeds] of Law No. 06/L–010 on Notary, of 26 December 2018, which allegedly violated the Applicant’s right guaranteed by Article 3 [Equality Before the Law] 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, 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 Review Panel proposed that the Referral be declared inadmissible as it was not submitted by an authorized party, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 39 (1) ( a) of the Rules of Procedure.

4. Resolution
Case: KI 122/19
Applicant: F.M.

The subject matter of the Referral was the constitutional review of the Judgment [PML No. 49/2019], of the Supreme Court of Kosovo of 7 March 2019, in conjunction with the Judgment [PA1. No. 358/2018] of the Court of Appeals of Kosovo, of 19 November 2018 and with the Judgment [P. No. 927/14], of the Basic Court in Prishtina of 15 January 2018. The Applicant alleged that these decisions violated his fundamental rights and freedoms guaranteed by Article 24 [Equality Before the Law] of the Constitution of the Republic of Kosovo in conjunction with Article 14 (Prohibition of discrimination) of the European Convention on Human Rights (ECHR) and Article 7 of the Universal Declaration of Human Rights, Article 29 [Right to Freedom and Security] of the Constitution in conjunction with Article 5 (Right to Liberty and Security) of the ECHR, with Article 31 [Right to Fair and Impartial Trial] of the Constitution in conjunction with Article 6 (Right to a fair trial) of the ECHR, as well as Articles 53 [ Interpretation of Human Rights Provisions] and 54 [Judicial Protection of Rights] of the Constitution.
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 Review Panel proposed that, pursuant to paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20, 47 and 48 of the Law on the Constitutional Court and Rules 39 (1) (d) and 39 (2) of the Rules of Procedure, the Referral is declared inadmissible.

5. Resolution
Case: KI 140/19
Applicant: Lindita Komani

The subject matter of the Referral was the constitutional review of the Judgment [AC–I–14–0383] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters of 13 April 2017, which, according to the Applicant, violates the rights guaranteed by Articles 24 [Equality Before the Law], 32 [Right to Legal Remedies], 54 [Judicial Protection of Rights] and 102 [General Principles of the Judicial System] 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, 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 Review Panel proposed that the Referral be declared inadmissible, as it was not submitted within the legal deadline set forth in paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 49 of the Law on the Constitutional Court and Rules 39.1 (c) and 59.2 of the Rules of Procedure.