Decisions from the review session held on 11 November 2020

In the review session held on 11 November 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 202/19; 2. KI 211/19; 3. KI 232/19; 4. KI 03/20; 5. KI 11/20; 6. KI 32/20; 7. KI 77/20; 8. KI 78/20, KI 79/20 and KI 80/20; 9. KI 100/20; 10. KI 107/20; 11. KI 117/20; 12. KI 126/20; 13. KI 127/20 and 14. KI 137/20. 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 No.: KI 202/19
Applicant: Demir Krasniqi

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 263/2019] of the Supreme Court of Kosovo of 26 September 2019, which allegedly violated the Applicant’s rights guaranteed by Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, in conjunction with Article 1 of Protocol No. 1 [Protection of property] 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, 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.

2. Case No.: KI 211/19
Applicant: Hashim Gashi and Selajdin Isufi

The subject matter of the Referral was the constitutional review of Decision [No. 11/111] of the Government of the Republic of Kosovo, of 19 July 2019, in conjunction with decisions of the Government: [No. 5/76], of 21 November 2018 and [No. 5/55], of 6 July 2018. The Applicants alleged that these decisions violated their fundamental rights and freedoms, guaranteed by Articles: 31 [Right to Fair and Impartial Trial], 46 [Protection of Property] and 159 [Socially Owned Enterprises and Property] of the Constitution of the Republic of Kosovo. Article 159 of the Constitution, regarding the end of international supervision of Kosovo’s Independence has been repealed by Amendment 20 of the Constitution.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, 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, 21, 27 and 47 of the Law on the Constitutional Court and in accordance with Rules 35 (5), 39 (1) (a), 39 (1) (b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

3. Case No: KI 232/19
Applicant: Xhemajl Bajraktari

The subject matter of the Referral was the interpretation of Article 35, items 8 and 9, of the Collective Agreement of Education of Kosovo, concluded between the Ministry of Education and Technology and the United Trade Unions of Education, Science and Culture. In his Referral, the Applicant did not challenge any concrete decision of any public authority, within the meaning of paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] 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 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 (1) (a) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

4. Case No: KI 03/20
Applicant: Lorenc Kolgjeraj

The subject matter of the Referral was the constitutional review of the Decision [Ac. No. 5107/18] of the Court of Appeals of Kosovo of 8 March 2019, which, according to the Applicant’s allegations, violated his fundamental rights and freedoms guaranteed by Article 3 [Equality Before the Law], Article 9 [Cultural and Religious Heritage], Article 24 [Equality Before the Law], Article 27 [Prohibition of Torture, Cruel, Inhuman or Degrading Treatment], Article 28 [Prohibition of Slavery and Forced Labor] 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 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 be rejected.

5. Case No: KI 11/20
Applicant: Fllanza Pozhegu

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-13-0181-A0008] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 29 August 2019 and the correctional decision of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 10 October 2019. In her Referral, the Applicant alleged that this Judgment violated her fundamental rights and freedoms, 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, 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.
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 (1) (b), 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

6. Case No: KI 32/20
Applicant: Xhevat Meha

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-17-0417 -A0001-A0002] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 10 October 2019, in conjunction with the Judgment [C-III-C-17-0076] of the Specialized Panel of the Special Chamber of the Supreme Court of Kosovo, of 8 June 2017. 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.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] and paragraph 4 of Article 21 (General Principles) 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 Article 21.4 and 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.

7. Case No: KI 77/20
Applicant: Kujtim Zarari

The subject matter of the Referral was the constitutional review of the Judgment [PA1. No. 1547/2019], of the Court of Appeals of Kosovo of 2 March 2020, which, according to the Applicant’s allegations, 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.
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 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 Rules 39 (3) (b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

8. Case No: KI 78/20, KI 79/20 and KI 80/20
Applicant: Hilmi Aliu and others

The subject matter of the Referral was the constitutional review of the unspecified act of the public authority. In his Referral, the Applicant has not accurately clarified what fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo he claims to have been violated by an act of a public authority.
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, as well as 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 paragraphs 1 and 7 of Article 113 of the Constitution, Articles 22, 47 and 48 of the Law on the Constitutional Court and Rules 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.

9. Case No: KI 100/20
Applicant: Skënder Hana

The Referral has no subject matter because the Applicant did not challenge the constitutionality of any act of a public authority in 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, Articles 22.4 and 48 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 No: KI 107/20
Applicant: Ismail Guri

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 52/2018] of the Supreme Court of Kosovo of 17 May 2018, which allegedly violated the Applicant’s fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo. The Applicant has not accurately clarified what fundamental rights and freedoms guaranteed by the Constitution have been violated by the challenged decision.
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 Article 113.7 of the Constitution, Article 49 of the Law on the Constitutional Court and Rules 39 (1) (c) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

11. Case No: KI 117/20
Applicant: Isuf Musliu

The subject matter of the Referral was the constitutional review of the lack of the court decisions regarding the request for material compensation and reinstatement to work at the University of Prishtina. In his Referral, the Applicant did not challenge any concrete act of a public authority and did not accurately clarify what fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo he claims to have been violated.
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 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 Rules 39 (1) (b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

12. Case No: KI 126/20
Applicant: Ganimete Zeka

The subject matter of the Referral was the constitutional review of the unspecified act of the public authority. In the submitted Referral, the Applicant has not accurately clarified what fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo she claims to have been violated by an act of a public authority.
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 22.4, 47 and 48 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.

13. Case No: KI 127/20
Applicant: Kadri Berisha

The subject matter of the Referral was the constitutional review of the Decision [ASC-11-01015] of the Special Chamber of the Supreme Court of the Republic of Kosovo on the Privatization Agency of Kosovo Related Matters, of 21 November 2012. The Referral was filed by Kadri Berisha from Prishtina, who claims to be the representative of the person D.P. from Bërnica e ulët in Prishtina. In the Referral submitted by the alleged representative, it was alleged that the rights of the person D.P. guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo have been violated.
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, 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 21, 22.4 and 47 of the Law on the Constitutional Court and Rules 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.

14. Case No: KI 137/20
Applicant: Ali Latifi, as alleged representative of M.S.

The subject matter of the Referral was the constitutional review of the Judgment [PML. No. 251/2020] of the Supreme Court of Kosovo of 14 September 2020, by which the alleged representative of the person M.S., who did not prove that he has power of attorney to file this Referral, alleged that the rights of M.S. guaranteed by Articles 29 [Right to Liberty and Security], 36 [Right to Privacy], 37 [Right to Marriage and Family], 38 [Freedom of Belief, Conscience and Religion], 55 [Limitations on Fundamental Rights and Freedoms], 57 [General Principles] and 59 [Rights of Communities and their Members] 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 the rights guaranteed by the “international labor conventions”.
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 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 21, 22.4 and 48 of the Law on the Constitutional Court and Rules 32 (2) (c) and (h), 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.