Decisions from the review session held on 29 July 2020

In the review session held on 29 July 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 121/19; 2. KI 214/19; 3. KI 233/19; 4. KI 42/20 and 5. KI 43/20. 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 121/19
Applicant: Ipko Telecomunications

The subject matter of the Referral was the constitutional review of Judgment [E Rev. No. 14/2019] of the Supreme Court of Kosovo of 30 April 2019, which allegedly violated the Applicant’s 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 (Right to a fair trial) of the European Convention on Human Rights.
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 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.

2. Judgment
Case: KI 214/19
Applicant: Murteza Koka

The subject matter of the Referral was the constitutional review of Decision [Rev. No. 195/2019], of the Supreme Court of Kosovo, of 23 July 2019, which allegedly violated the Applicant’s rights guaranteed by Articles: 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, and Article 6 (Right to a fair trial) of the European Convention for the Protection 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 Constitutional Court, in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law and Rule 59 (1) of the Rules of Procedure, unanimously:

DECIDES

I. TO DECLARE the Referral admissible;

II. TO HOLD THAT there has been a violation of Article 31 of the Constitution of the Republic of Kosovo in conjunction with Article 6 of the European Convention on Human Rights;

III. TO HOLD THAT it is not necessary to examine whether there has been a violation of Article 24 and Article 46 of the Constitution of the Republic of Kosovo;

IV. TO HOLD that Decision Rev. No. 195/2019 of the Supreme Court of Kosovo, of 23 July 2019 and Decision Ac. no. 3860/18 of the Court of Appeals of 12 March 2019, are repealed;

V. TO HOLD THAT Judgment AC. No. 3332/2013 of the Court of Appeals, of 26 April 2018 and Judgment C. No. 38/2012 of the Basic Court, of 30 April 2013, are final and binding, and as such res judicata;

VI. TO REJECT the request for non-disclosure of identity;

VII. TO ORDER the Supreme Court to inform the Constitutional Court as soon as possible, but not later than 23 December 2020, about the measures taken to implement the Judgment of this Court, in accordance with Rule 66 (4) of the Rules of Procedure;

VIII. TO REMAIN seized of the matter, pending compliance with that order;

3. Resolution
Case: KI 233/19
Applicant: Qaush Mulliqi

The subject matter of the Referral was the constitutional review of Judgment [AC-I-18-0162], of the Appellate Panel of the Special Chamber of the Supreme Court on the Privatisation Agency of Kosovo Related Matters of 15 August 2019. The Applicant alleged that this Judment violated fundamental human rights and freedoms guaranteed by Article 32 [Right to Legal Remedies] and 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 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.

4. Resolution
Case: KI 42/20
Applicant: Armend Hamiti

The subject matter of the Referral was constitutional review of two decisions of the Kosovo Prosecutorial Council: [KPK No. 699/2019], of 12 November 2019 and [KPK No. 797/2019], of 23 December 2019, regarding the process of appointment of the Chief Prosecutor of the Special Prosecution of the Republic of Kosovo. The Applicant alleged that these decisions violated the rights and freedoms guaranteed by Articles: 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 110.3 [Kosovo Prosecutorial Council] of the Constitution of the Republic of Kosovo.
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, Articles 20 and 47 of the Law on the Constitutional Court, and Rule 39 (1) (b) of the Rules of Procedure, the Referral be declared inadmissible.

5. Resolution
Case: KI 43/20
Applicant: Fitore Sadikaj

The subject matter of the Referral was the constitutional review of Decision [KPK No. 697/2019], of Kosovo Prosecutorial Council of 12 November 2019 and Decision [KPK No. 796/2019], of Kosovo Prosecutorial Council of 23 December 2019, regarding the selection of the Chief Prosecutor of the Basic Prosecution in Prishtina. The Applicant alleged that these decisions violated the rights and freedoms guaranteed by Articles: 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 110.3 [Kosovo Prosecutorial Council] of the Constitution of the Republic of Kosovo, and Article 6 (Right to a fair trial), Article 13 (Right to an effective remedy) and Article 14 (Prohibition of discrimination) 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, Articles 20 and 47 of the Law on the Constitutional Court, and Rule 39 (1) (b) of the Rules of Procedure, the Referral be declared inadmissible.