Decisions from the review session held on 15 July 2020

In the review session held on 15 July 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 184/19; 2. KI 191/19; 3. KI 199/19; 4. 210/19 and 5. KI 215/19. 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 184/19
Applicant: Naser Gashi

The subject matter of the Referral was the constitutional review of Decision [Rev. No. 220/2019], of the Supreme Court of Kosovo of 10 July 2019, in conjunction with Decision [Ac. No. 1803/19] of the Court of Appeals of Kosovo, of 25 April 2019 and Decision [C. No. 532/19] of the Basic Court in Prishtina, of 5 March 2019. The Applicant alleged that this decision violated his rights and freedoms guaranteed by Article 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 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 Review Panel proposed that, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Article 20 of the Law on the Constitutional Court, and Rules 32 (2) 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

2. Decision
Case: KI 191/19
Applicant: Kadri Rexhepi

The subject matter of the Referral was the constitutional review of Judgment [Pml. No. 272/19] of the Supreme Court of Kosovo, of 18 September 2019, which allegedly violated the Applicant’s 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, and Article 55 [Limitations on Fundamental Rights and Freedoms] of the Constitution.
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, Article 20 of the Law on the Constitutional Court, and Rules 32 (2) (h), 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.

3. Decision
Case: KI 199/19
Applicant: Fehmi Hasani

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 118/2017] of the Supreme Court of Kosovo, of 10 October 2017, which allegedly violated the Applicant’s rights guaranteed by Article 21 [General Principles], Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial] and Article 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 and Article 13 (Right to an effective remedy) of the European Convention on Human Rights, and Article 7 of the Universal Declaration of Human Rights.
The Referral was based on paragraphs 1 and 7 of Article 113 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 35 [Withdrawal, Dismissal and Rejection of Referrals] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, in accordance with Article 113.6 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 35 (5) and 59 (3) of the Rules of Procedure, the Referral is to be rejected.

4. Resolution
Case: KI 210/19
Applicant: Sabri Ismajli

The subject matter of the Referral was the constitutional review of Judgment [GSK-KPA-A-051-2016] of the Supreme Court of Kosovo, of 23 October 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 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, 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 Rules 39 (1) (b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

5. Resolution
Case: KI 215/19
Applicant: Fekë Kuçi

The subject matter of the Referral was the constitutional review of Judgment [AA. No. 524/2018] of the Court of Appeals of Kosovo, of 10 April 2019, which allegedly violated the Applicant’s 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 in conjunction with Article 6 (Right to a fair trial) of the European Convention on Human Rights, as well as Article 10 of the Universal Declaration of 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 Review Panel proposed that, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20, 47 and 49 of the Law on the Constitutional Court, and Rules 39 (1) (b), 39 (1) (c) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.