Notification on the decisions from the review session held on 12 April 2021

In the review session held on 12 April 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 63/19 and KI 66/19; 2. KI 108/19; 3. KI 15/20; 4. KI 63/20; 5. KI 101/20; 6. KI 140/20 and 7. KI 172/20. 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 63/19 and KI 66/19
Applicant: Vahide Badivuku, Idriz Kelmendi

The subject matter of the Referral was the constitutional review of the Judgment [Pml.no.199/2018] of the Supreme Court of the Republic of Kosovo, of 5 December 2018, whereby the Applicants alleged that their fundamental rights and freedoms guaranteed by Articles: 3 and 24 [Equality Before the Law], 30 [Rights of the Accused], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 33 [The Principle of Legality and Proportionality in Criminal Cases], 36 [Right to Privacy], 54 [Judicial Protection of Rights], 102 [General Principles of the Judicial System] and 109 [State Prosecutor] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial), Article 7 (No punishment without law) and Article 8 (Right to respect for private and family life) 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.

2. Case: KI 108/19
Applicant: Artan Kumnova

The subject matter of the Referral was the constitutional review of the Decision [AC-I-19-0016] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 28 February 2019. The Applicant alleged that the challenged judgment violated his fundamental rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 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, as well as Article 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, 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, 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 15/20
Applicant: Merita Dervishi

The subject matter of the Referral was the constitutional review of the Notification [KMLA. no. 24/2019] of the Office of Chief State Prosecutor, of 29 December 2019, in conjunction with the Decision of the Court of Appeals in Prishtina, Department of Administrative Matters [AA. no. 557/2019], of 5 November 2019. The Applicant alleged that the challenged decisions violated her fundamental 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, as well as rights and freedoms guaranteed by Article 6 (Right to a fair trial) and Article 13 (Right to an effective remedy) 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, 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), 39 (3)(b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

4. Case: KI 63/20
Applicant: Ilir Zymberi

The subject matter of the Referral was the constitutional review of the Judgment [Ac. no. 4336/19] of the Court of Appeals of Kosovo, of 6 February 2020 and Decision [PPP. no. 2/19] of the Basic Court in Gjakova, of 11 July 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.
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.

5. Case: KI 101/20
Applicant: Shqipërim Ademaj

The subject matter of the Referral was the constitutional review of the Decision of the Ministry of Justice [n0. 15/2020], of 21 February 2020, regarding the annulment of the Notary examination, by which the Applicant alleged that his fundamental rights and freedoms, guaranteed by Articles: 7 [Values], 10 [Economy], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 49 [Right to Work and Exercise Profession], 53 [Interpretation of Human Rights Provisions], 99 [Procedures] and 119 [General Principles] of the Constitution of the Republic of Kosovo, as well as Article 14 [Prohibition of discrimination] and 1 of the Protocol no. 1 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 47.2 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.

6. Case: KI 140/20
Applicant: Sadat Lekiqi

The subject matter of the Referral was the constitutional review of the Judgment [ARJ-UZVP. n0. 121/2019] of the Supreme Court of Kosovo, of 18 November 2019, in conjunction with the Judgment [AA.no.63/2019] of the Court of Appeals of Kosovo, of 22 July 2019 and with the Judgment [A.U.no.236/16] of the Department of Administrative Matters of the Basic Court in Prishtina, of 20 November 2018. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by Articles: 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 49 [Right to Work and Exercise Profession] and 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.
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.

7. Case: KI 172/20
Applicant: Xhevdet Metaj

he subject matter of the Referral was the constitutional review of the Judgment [Rev.no. 44/2020] of the Supreme Court of Kosovo, of 11 February 2020, in conjunction with the Judgment [Ac.no.1370/15] of the Court of Appeals of Kosovo, of 14 October 2019 and with the Judgment [C.no.28/14], of the Basic Court in Peja, Branch in Istog, of 9 February 2015. The Applicant alleged that the challenged 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, 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.