Decisions from the review session held on 2 September 2020

In the review session held on 2 September 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 01/19; 2. KI 119/19; 3. KI 137/19 and 4. KI 226/19. 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 01/19
Applicant: Fatos Rizvanolli

The subject matter of the Referral was the constitutional review of Judgment [PML. No. 242/2017] of the Supreme Court of Kosovo of 30 April 2018, in conjunction with Judgment [PAKR. No. 100/2017], of the Court of Appeals of Kosovo, of 23 May 2017 and Judgment [PKR-65/16], of the Basic Court in Ferizaj of 18 January 2017. The Applicant alleged that these decisions violated his rights guaranteed by: Article 31 [Right to Fair and Impartial Trial, 32 [Right to Legal Remedies], 33.1 [The Principle of Legality and Proportionality in Criminal Cases], 36 [Right to Privacy] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial), 7 (No punishment without law) and 8 (Right to respect for private and family life) 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 Review Panel proposed that, 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) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

2. Resolution
Case: KI 119/19
Applicant: Privatization Agency of Kosovo (PAK)

The subject matter of the Referral was the constitutional review of Decision [APP-UPP. No. 1/2018], of the Supreme Court of Kosovo of 26 February 2019, which allegedly violated the Applicant’s rights and freedoms guaranteed by Articles: 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, and Article 6 [Right to a fair trial] and Article 1 of Protocol No. 1 (Protection of property) of the European Convention on Human Rights.
The Referral was based on paragraph 4 of Article 21 and 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 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 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

3. Resolution
Case: KI 137/19
Applicant: Arlind Morina

The subject matter of the Referral was the constitutional review of Judgment [K. No. 6-1022/18] of the Basic Court in Peja, of 18 July 2019. In his Referral, the Applicant also challenged the actions of the Regional Police in Peja and of the Basic Prosecution in Peja, which according to him, have not initiated criminal proceedings against a third person. The Applicant alleged that the challenged decision and the actions of the Regional Police and the Basic Prosecution in Peja violated his rights guaranteed by Article 54 [Judicial Protection of Rights] 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, Article 47 of the Law on the Constitutional Court, and Rule 39 (1) (a) and (b) of the Rules of Procedure, the Referral be declared inadmissible.

4. Resolution
Case: KI 226/19
Applicant: Hysri Peçani

The subject matter of the Referral was the constitutional review of Judgment [P. No. 1191/19], of the Basic Court in Prizren of 8 November 2019, of the Order [Ppr. No. 487/2018], of the Basic Court in Prizren of 8 August 2019 and Order [Ppr. No. 487/2018], of the Basic Court in Prizren for long-term seizure of property of 14 August 2019. The Applicant alleged that the challenged acts violated his rights guaranteed by Article 24 [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, 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 in accordance with Rules 39 (1) (b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.