Decisions from the review session held on 16 September 2020

In the review session held on 16 September 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 243/19; 2. 53/20 and 3. KI 85/20. 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 243/19
Applicant: Muhamet Idrizi

The subject matter of the Referral was the constitutional review of Judgment [PML. No. 290/2019] of the Supreme Court of Kosovo of 21 October 2019, which allegedly violated the Applicant’s fundamental rights and freedoms guaranteed by Articles 30 [Rights of the Accused] and 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] 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. Resolution
Case: KI 53/20
Applicant: Kujtim Bakija

The subject matter of the Referral was the constitutional review of Judgment [Rev No. 283/2019] of the Supreme Court of Kosovo of 9 October 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 of the European Convention on Human Rights and Article 54 [Judicial Protection of Rights] 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], 47 [Individual Requests], 48 [Accuracy of the Referral] and 49 [Deadlines] 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 85/20
Applicant: Shpëtim Bokshi

The subject matter of the Referral was the constitutional review of Decision [Ac. No. 4273/19] of the Court of Appeals of Kosovo, of 5 February 2020, 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 for the Protection 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 and 27 of the Law on the Constitutional Court, and Rules 39 (2), 57 and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.