Decisions from the review session held on 10 November 2020

In the review session held on 10 November 2020, the Constitutional Court of the Republic of Kosovo reviewed the following Referrals: 1. KI 08/19; 2. KI 42/19; 3. KI 80/19; 4. KI 101/19; 5. KI 138/19; 6. KI 139/19; 7. KI 189/19; 8. KI 34/20; 9. KI 47/20 and 10. KI 128/20. 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. Case: KI 08/19
Applicant: Gafurr Haziri

The subject matter of the Referral was the constitutional review of Judgment [PML. No. 258/2018] of the Supreme Court of Kosovo, of 6 November 2018. The Applicant alleged that the decision violated his rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of Republic of Kosovo, as well as Article 6 (Right to a fair trial) of the European Convention on 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, as well as Rules 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. Case: KI 42/19
Applicant: Muhamet Prapashtica

The subject matter of the Referral was the constitutional review of Judgment [PML. No. 243/2018] of the Supreme Court of Kosovo, of 12 November 2018, in conjunction with Judgment [PAKR. No. 453/2017], of the Court of Appeals of Kosovo of 9 March 2018 and the Judgment [PKR. No. 624/2008], of the Serious Crimes Department of the Basic Court in Prishtina of 15 June 2017. The Applicant alleged that the Judgment was rendered in violation of his fundamental rights and freedoms, guaranteed by Article 23 [Human Dignity] and Article 31 [Right to Fair and Impartial Trial] 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, as well as 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. Case: KI 80/19
Applicant: Radomir Dimitrijeviq

The subject matter of the Referral was the constitutional review of the Decision [AC-I-18-0547-A0001], of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 21 February 2019. The Applicant alleged that this Judgment violates his rights, guaranteed by Article 31 [Right to Fair and Impartial Trial], Article 54 [Judicial Protection of Rights] and Article 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 1 of Protocol No. 1 (Protection of property) of the European Convention on Human Rights (ECHR).
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, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Article 20 of the Law on the Constitutional Court and Rule 59 (1) of the Rules of Procedure:

DECIDES

I. TO DECLARE the Referral admissible;

II. TO HOLD violation of Article 31.1 [Right to Fair and Impartial Trial] of the Constitution, in conjunction with Article 6.1 [Right to a fair trial] of the ECHR;

III. TO DECLARE Decision AC-I-0547-A0001 of the Appellate Panel of 21 February 2019 invalid and REMAND the latter for retrial, in compliance with the Judgment of the Court;

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

4. Case: KI 101/19
Applicant: Lubisha Trajkoviq

The subject matter of the Referral was the constitutional review of the Decision [AC-I-16-0209-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 7 February 2019, which allegedly violated the Applicant’s rights guaranteed by Articles 3 [Equality Before the Law], 24 [Equality Before Law] and 46 [Protection of Property] 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, Article 22 [Processing Referrals] of Law No. 03/L-121 on the Constitutional Court, as well as 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.

5. Case: KI 138/19
Applicant: Ibish Rraci

The subject matter of the Referral was the constitutional review of the Judgment [AA. No. 31/2019] of the Court of Appeals of Kosovo of 16 April 2019, which allegedly violates the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo and Article 6.1 (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, as well as 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.

6. Case: KI 139/19
Applicant: Riad Bejtullahu

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 86/2019] of the Supreme Court of Kosovo of 2 April 2019, in conjunction with the Decision [PAM. No. 77/2018] of the Court of Appeals of Kosovo of 7 December 2018 and the Decision [PM. No. 89/2018] of the Juvenile Department of the Basic Court in Gjilan of 22 October 2018. The Applicant alleged that this Judgment violated his 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 paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 22 [Processing Referrals] of Law No. 03/L-121 on the Constitutional Court, as well as 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.

7. Case: KI 189/19
Applicant: Alban Miftaraj

The subject matter of the Referral was the constitutional review of the Judgment [ARJ-UZPV. No. 85/2019] of the Supreme Court of Kosovo, of 26 June 2019, which allegedly violated the Applicant’s rights guaranteed by Articles: 31 [Right to Fair and Impartial Trial], 49 [Right to Work and Exercise Profession] and 55 [Limitations on Fundamental Rights and Freedoms] 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, as well as 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 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

8. Case: KI 34/20
Applicant: Ramadan Zogaj

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-0003] of the Appellate Panel of the Special Chamber of the Supreme Court on the Privatization Agency of Kosovo Related Matters, of 17 October 2019. The Applicant alleged that the challenged decision violated his 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 (hereinafter: ECHR), Article 32 [Right to Legal Remedies] of the Constitution, in conjunction with Article 13 (Right to an effective remedy) of the ECHR, paragraph 1 of Article 3 [Equality Before the Law] of the Constitution, Article 7 [Values] and Article 46 [Protection of Property] of the Constitution, in conjunction with Article 1 (Protection of property) of Protocol No. 1 of the ECHR.
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, as well as Rules 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) (a) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

9. Case: KI 47/20
Applicant: Arben Boletini

The subject matter of the Referral was the constitutional review of the decisions of the Basic Court in Prishtina – General Department [PPR. No. 47/17], of 3 February 2017 and [P. No. 820/2017] rendered on 27 February 2017; 20 April 2017 and 22 May 2017. The Applicant alleged that the challenged decisions violated his fundamental rights and freedoms guaranteed by paragraphs 2 and 3 of Article 21 [General Principles], Article 22 [Direct Applicability of International Agreements and Instruments], Article 23 [Human Dignity] and 24 [Equality Before the Law] of the Constitution of the Republic of Kosovo, Article 22 of the Universal Declaration of Human Rights and the European Convention on Human Rights, the International Covenant on Civil and Political Rights and its Protocols, the Framework Convention for the Protection of National Minorities of the Council of Europe and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
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, as well as 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 22.4 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.

10. Case: KI 128/20
Applicant: Ramadan Sopaj

The subject matter of the Referral was the constitutional review of the Judgment [PML. No. 137/2020], of the Supreme Court of Kosovo of 15 June 2020, which allegedly violated the Applicant’s rights of guaranteed by Articles: 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law] 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 Applicant also requested the Court “to impose an interim measure to postpone the execution of his imprisonment sentence”.
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 to reject the request for interim measure and 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) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.