Notification on the decisions from the review session held on 20 January 2021

In the review session held on 20 January 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 128/19; 2. KI 141/19; 3. KI 204/19; 4. KI 229/19; 5. KI 40/20; 6. KI 50/20; 7. KI 58/20; 8. KI 122/20; 9. KI 124/20; 10. KI 132/20; 11. KI147/20, KI148/20, KI149/20, KI150/20, KI151/20 and KI152/20 and 12. KI 164/2. Below you can read the brief summaries of decisions (full texts of decisions 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 128/19
Applicant: Artan Mala

The subject matter of the Referral was the constitutional review of Judgment [Pml. No. 44/2019], of the Supreme Court of Kosovo of 4 March 2019, whereby his request for protection of legality against Decision [PA. 1. No. 800/18], of the Court of Appeals of Kosovo of 18 October 2018, was rejected. The Applicant alleged that the challenged Judgment violated his fundamental rights and freedoms, guaranteed by Articles: 22 [Direct Applicability of International Agreements and Instruments], 30 [Rights of the Accused], 31 [Right to Fair and Impartial Trial] and 53 [Interpretation of Human Rights Provisions] of the Constitution of the Republic of Kosovo, as well as the rights guaranteed by 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, 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.

2. Case: KI 141/19
Applicant: Beqir Shaqiri

The subject matter of the Referral was the constitutional review of Judgment [PML. No. 17/2019], of the Supreme Court of Kosovo of 19 February 2019, whereby the Applicant alleged that his 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 have been violated.
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 204/19
Applicant: Zejnepe Buzhala

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 175/2019], of the Supreme Court of Kosovo of 12 June 2019, whereby, according to the Applicant’s allegations, her rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 32 [Right to Legal Remedies] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial) and Article 5 (Right to liberty and security) of the European Convention on Human Rights, as well as Article 14 of the International Covenant on Civil and Political Rights have been violated.
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.

4. Case: KI 229/19
Applicant: Non-Governmental Organization “Association for Culture, Education and Schooling AKEA”

The subject matter of the Referral was the constitutional review of the Decision [ARJ-UZVP. No. 109/2019], of the Supreme Court of Kosovo of 7 October 2019, as well as the decisions of the Ministry of Public Administration: [No. 02/2014], of 23 October 2014, [No. 05/2015] of 16 December 2015, [No. 06/470-3/2016], of 8 November 2016 and [Ref. KSHA-OJQ/4-2018], of 25 September 2018. The Applicant alleged that the challenged decisions violated his rights and freedoms guaranteed by Articles: 4 [Form of Government and Separation of Power], 24 [Equality Before the Law], 31 [Right to Fair Trial and Impartial Trial], 44 [Freedom of Association], 46 [Protection of Property] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, as well as Articles: 6 (Right to a fair trial), 11 (Freedom of assembly and association), 14 (Prohibition of discrimination) and Article 1 of the Protocol no. 1 (Protection of property) of the European Convention on Human Rights.
The Referral was based on paragraph 4 of Article 21 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, as well as Rule 32 [Filing of Referrals and Replies] and 56 [Request for Interim Measures] 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.

5. Case: KI 40/20
Applicant: Sadik Gashi

The subject matter of the Referral was the constitutional review of the Decision [Ac. No. 1449/2011] of the District Court in Prishtina of 30 January 2012 and the Judgment [Rev. No. 333/2019] of the Supreme Court of Kosovo, of 6 November 2019, whereby, according to the Applicant, his fundamental rights and freedoms guaranteed by Article 21 [General Principles] and Article 31 [Right to Fair Trial and Impartial] 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 have been violated.
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, 47, 48 and 49 of the Law on the Constitutional Court and Rules 39 (1) (b), 39 (1) (c), 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

6. Case: KI 50/20
Applicant: Abdullah Bajra

The subject matter of the Referral was the constitutional review of Judgment [Pml. No. 366/2019], of the Supreme Court of Kosovo of 10 January 2020, whereby the Applicant alleged that his 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 and Article 6 [Right to a fair trial] of the European Convention on Human Rights have been violated.
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 27 of the Law on the Constitutional Court and Rules 39 (2), 57 (4) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

7. Case: KI 58/20
Applicant: Alush Kastrati

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-15-0052] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 5 December 2019, in conjunction with Judgment [C-II-14-0074] of the Specialized Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters of 29 January 2015. The Applicant alleged that the challenged Judgment violated his rights guaranteed by Articles: 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 54 [Judicial Protection of Rights] 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, 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.

8. Case: KI 122/20
Applicant: Rijad Jusufi

The subject matter of the Referral was the constitutional review of Administrative Instruction No. 01/2016, of 15 March 2016, on the implementation of Law No. 05/L-028 on Personal Income Tax.
The Referral was based on paragraphs 1 and 7 of Article 113 of the Constitution of the Republic of Kosovo, 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) (a) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

9. Case: KI 124/20
Applicant: MuhamedAli Ceyşülmedine

The subject matter of the Referral was the constitutional review of the Judgment [UZVP. ARJ. No. 139/2019] of the Supreme Court of Kosovo of 18 November 2019, in conjunction with the Decision [AA. No. 534/2018] of the Court of Appeals of Kosovo of 8 May 2019 and the Decision [A. No. 435/13] of the Department of Administrative Matters of the Basic Court in Prishtina, of 5 June 2018. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 54 [Judicial Protection of Rights] 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.

10. Case: KI 132/20
Applicant: Qamile Murtezi – Salihu

The subject matter of the Referral was the constitutional review of the unspecified act of the public authority, whereby the Applicant’s fundamental rights and freedoms guaranteed by Articles: 7 [Values], 21 [General Principles], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo have been violated.
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 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.

11. Case: KI 147/20, KI 148/20, KI 149/20, KI 150/20, KI 151/20 and KI 152/20
Applicant: Nezir Neziri and 5 others

The subject matter of the Referral was the constitutional review of 6 decisions of the Supreme Court of the Republic of Kosovo, rendered between 10 December 2019 and 13 July 2020, which allegedly violate the Applicants’ rights guaranteed by Article 21 [General Principles], paragraph 2 of Article 22 [Direct Applicability of International Agreements and Instruments], Article 53 [Interpretation of Human Rights Provisions] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) of the European Convention on Human Rights and Article 15 of the Universal Declaration of Human Rights.
The Referrals were based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], 47 [Individual Requests] and 50 [Return to the Previous Situation] 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 to approve the Applicant’s Referral KI147/20 for return to the previous situation, regarding the deadline for submitting the Referral to the Constitutional Court, and to declare the Referral inadmissible in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20, 47, 48 and 50 of the Law on the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure.

12. Case: KI 164/20
Applicant: Rafet Haxhaj

The subject matter of the Referral was the constitutional review of the decisions of the Kosovo Judicial Council [KGJ No. 222/2020] and [KGJ. No. 230/2020], of 29 September 2020, regarding the process of appointment of judges of the Supreme Court of the Republic of Kosovo. The Applicant alleged that the challenged decisions violated his rights and freedoms guaranteed by Articles: 23 [Human Dignity], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 54 [Judicial Protection of Rights] and 108 (4) [Kosovo Judicial Council] of the Constitution of the Republic of Kosovo, as well as Article 6 of the European Convention on Human Rights. The Applicant also requested the Constitutional Court to impose an interim measure by which it would decide to suspend the abovementioned decisions of the Kosovo Judicial Council.
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, 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), 57 (5) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.