Notification on the decisions from the review session held on 5 May 2021

In the review session held on 5 May 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 195/19; 2. KI 91/20; 3. KI 109/20; 4. KI 120/20; 5. KI 131/20; 6. KI 181/20; 7. KI 193/20; 8. KI 03/21; 9. KI 18/21; 10. KI 22/21; 11. KI 29/21; 12. KI 31/21; 13. KI 34/21; 14. KI 43/21 and 15. KI 49/21. 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 195/19
Applicant: Bank for Business

The subject matter of the Referral was the constitutional review of the Decision [Ae.no.287/18] of the Court of Appeals of Kosovo, of 27 May 2019, and the Decision [I.EK.no. 330/2019] of the Department of Economic Affairs of the Basic Court in Prishtina, of 1 August 2019. The Applicants alleged that the challenged decisions violated its 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 paragraph 4 of Article 21 [General Principles] 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) of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 113.7 of the Constitution, Articles 20, 21 and 47 of the Law on the Constitutional Court and Rule 59 (1)(a) of the Rules of Procedure,

DECIDES

I. TO DECLARE the Referral admissible;

II. TO HOLD that there has been no violation of Article 31 of the Constitution of the Republic of Kosovo, in conjunction with Article 6 of the European Convention on Human Rights;

III. TO HOLD that Judgment [VIII.C.No.207/06] of the District Commercial Court, of 23 November 2006, is final and enforceable, and as such res judicata;

IV. TO HOLD that the Decision [Ae.no.287/18] of the Court of Appeals, of 27 May 2019, and the Decision [I.EK.no.330/19] of the Basic Court in Prishtina, of 1 August 2019, are null and void;

V. TO ORDER the regular courts to terminate all proceedings in this contentious matter in accordance with this Judgment;

VI. TO ORDER the Court of Appeals that in accordance with Rule 66 (5) of the Rules of Procedure, to notify the Court, until 5 August 2021, on the measures taken to implement the Judgment of the Court;

VII. TO REMAIN committed to this issue pending compliance with this order;

2. Case: KI 91/20
Applicants: Qerim Berisha, Fadil Gashi, Tahir Morina, Selim Berisha, Naim Berisha, Burim Berisha, Z. B.

The subject matter of the Referral was the constitutional review of the Judgment [C.no. 131/2017] of the Basic Court in Peja, Branch in Deçan, of 24 March 2020, whereby the Applicants alleged that their fundamental rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 7 [Values], 23 [Human Dignity], 24 [Equality Before the Law], 35 [Freedom of Movement] 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 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 35 (4), 35 (5) and 59 (3) of the Rules of Procedure, the Referral be declared inadmissible.

3. Case: KI 109/20
Applicants: Hamzi and Daim Kaloshi

The subject matter of the Referral was the constitutional review of the Judgment [Rev. no. 122/2018] of the Supreme Court of Kosovo, of 28 October 2019, whereby the Applicants alleged that their fundamental rights and freedoms guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, and Article 6 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.

4. Case: KI 120/20
Applicant: N.T.SH. “Virtuo”

The subject matter of the Referral was the constitutional review of the Judgment [E. Rev.no. 23/2020] of the Supreme Court of Kosovo, of 27 April 2020, whereby the Applicant alleged that its fundamental rights and freedoms guaranteed by Articles 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, have been violated.
The Referral was based on paragraph 4 of Article 21 [General Principles] 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) 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 131/20
Applicant: Arjana Syla

The subject matter of the Referral was the constitutional review of the Decision [Rev.351/2019] of the Supreme Court of Kosovo, of 25 June 2020, whereby the Applicant alleged that her 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, have been violated.
The Referral was based on paragraph 4 of Article 21 [General Principles] and 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 Rules 32 [Filing of Referrals and Replies] and 59 [Types of Decisions] 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 181/20
Applicant: Private Enterprise „Betoni“

The subject matter of the Referral was the constitutional review of the Decision [E. Rev. no. 225/20] of the Supreme Court of Kosovo, of 27 July 2020, whereby the Applicant alleged that its fundamental rights and freedoms guaranteed by Articles: 21, 22, 23, 24, 27, 28, 31, 46, 49, 53, 54, 55 and 119 of the Constitution of the Republic of Kosovo, Article 6 of the European Convention on Human Rights, Article 10 of the Universal Declaration of Human Rights, Articles 182, 183 and 184 of the Law on Contested Procedure, as well as Articles 375, 585 and 595 of the Law on Obligational Relationships, have been violated. The Applicant also requested the imposition of an interim measure, which would suspend the execution of the final Judgment [C. no. 199/2011] of the Basic Court in Rahovec, of 21 June 2012.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles: 22 [Processing Referrals], 27 [Interim Measures] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rules 32 [Filing of Referrals and Replies], 39 [Admissibility Criteria] and 56 [Request for Interim Measures] of the Rules of Procedure of the 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 (1) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

7. Case: KI 193/20
Applicant: Bujar Hoti

The subject matter of the Referral was the constitutional review of the Decision [C. no. 257/2019] of the Basic Court in Prishtina, Branch in Gllogoc, of 17 December 2020, by which the Applicant alleged that his right to equal treatment before the law and the right to work, guaranteed by Articles 24 and 49 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 39 (1)(b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

8. Case: KI 03/21
Applicant: Rrahim Ramadani

The subject matter of the Referral was the constitutional review of the Judgement [AC-I-15-0211-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 3 September 2020. The Applicant has not specified which rights and freedoms guaranteed by the Constitution of the Republic of Kosovo, he alleged to 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 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.

9. Case: KI 18/21
Applicant: Ruzhdi Latifi

The subject matter of the Referral was the constitutional review of the Decision [AC-I-19-0090-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 10 December 2020, in conjunction with the Decision [C-IV-14-0515] of the Specialized Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 23 May 2019. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by 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 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.

10. Case: KI 22/21
Applicant: Hasime Daka

The subject matter of the Referral was the constitutional review of the Decision [AA.no. 5/2021] of the Supreme Court of Kosovo, 29 January 2021, whereby the Applicant alleged that her fundamental rights and freedoms guaranteed by Article 24 [Equality Before the Law] and Article 45 [Freedom of Election and Participation] 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 29/21
Applicant: “Vëllezërit Kryeziu” L.L.C.

The subject matter of the Referral was the constitutional review of the Decision [AC.no.4601/2020] of the Court of Appeals of Kosovo, of 2 December 2020, in conjunction with the Decision [PPP.no.55/20] of the Basic Court in Gjakova, of 26 August 2019. The Applicant alleged that the challenged decision violated its 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, in conjunction with Article 6 (Right to a fair trial), Article 13 (Right to an effective remedy) and Article 1 of Protocol 1 of the European Convention on Human Rights.
The Referral was based on paragraph 4 of Article 21 [General Principles] 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) 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.

12. Case: KI 31/21
Applicant: Albert Krasniqi

The subject matter of the Referral was the constitutional review of the Judgment [PML. no. 224/2020] of the Supreme Court of Kosovo, of 17 September 2020, whereby the Applicant alleged that 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, 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 20 of the Law on the Constitutional Court and Rules 39 (2), 42 and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

13. Case: KI 34/21
Applicant: Skender Murseli

The subject matter of the Referral was the constitutional review of an unspecified act of the public authority. The Applicant has not specifically clarified in his Referral, which fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo, he alleged to have been violated by any 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, 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.

14. Case: KI 43/21
Applicant: N.T. P. “Arta- Impex”

The subject matter of the Referral was the constitutional review of the Judgment [E. Rev. No. 7/2019] of the Supreme Court of Kosovo, of 2 April 2019, whereby the Applicant alleged that its 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, have been violated.
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] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, in accordance with Article 116.1 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.

15. Case: KI 49/21
Applicant: Fitim Berisha

The subject matter of the Referral was the constitutional review of an unspecified act of the public authority. The Applicant has not specifically clarified in his Referral, which fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo, he alleged to have been violated by any 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, 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.