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

In the review session held on 20 May 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 81/20; 2. KI 94/20; 3. KI 125/20; 4. KI 142/20; 5. KI 158/20; 6. KI 12/21; 7. KI 45/21 and 8. KI 53/21. 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 81/20
Applicant: Arbër Shkreli

The subject matter of the Referral was the constitutional review of Judgment [Rev. no. 457/2019] of the Supreme Court of Kosovo, of 30 January 2020, whereby the Applicants alleged that his fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial], and Article 49 [Right to Work and Exercise Profession] of the Constitution of the Republic of Kosovo, have been violated.
The Referral was based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, and 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, and Rules 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

2. Case: KI 94/20
Applicant: Shefqet Fetahu et al.

The subject matter of the Referral was the constitutional review of Judgment [AC-I-16-0101-A22] of the Special Chamber of the Supreme Court of Kosovo, of 4 February 2020, in conjunction with Judgment [SCEL-11-0057] of the Specialized Panel of the Special Chamber of the Supreme Court of Kosovo, of 18 April 2016. The Applicants alleged that the challenged decision violated their 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.
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, and Article 47 of the Law on the Constitutional Court, as well as Rules 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

3. Case: KI 125/20
Applicant: Shaban Shala

The subject matter of the Referral was the constitutional review of Judgment [AA- no. 6/2020] of the Supreme Court of Kosovo, of 6 April 2020, in conjunction with Decision [KGJK.no.51/2020] of the Kosovo Judicial Council, of 21 February 2020, by which the Applicant alleged that his fundamental rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 7 [Values], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 33 [The Principle of Legality and Proportionality in Criminal Cases] of the Constitution of the Republic of Kosovo, as well as Articles 6 (Right to a fair trial) and 14 (Prohibition of discrimination) 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 142/20
Applicant: Albert Hyseni

The subject matter of the Referral was the constitutional review of Decision [PN.no.426/2020] of the Court of Appeals of Kosovo, of 23 June 2020, by which the Applicant alleged that his fundamental rights and freedoms guaranteed by Articles: 1 [Definition of State], 7 [Values], 3 [Equality Before the Law], 21 [General Principles], 29 [Right to Liberty and Security] 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 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, and Rules 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

5. Case: KI 158/20
Applicant: Municipality of Gjilan

The subject matter of the Referral was the constitutional review of Judgment [AC-I-17-0689] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 24 June 2020, by which the Applicant alleged that its fundamental rights and freedoms guaranteed by Articles: 22 [Direct Applicability of International Agreements and Instruments], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 46 [Protection of Property], 54 [Judicial Protection of Rights] and 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo, as well as Articles 6 (Right to a fair trial), 13 (Right to an effective remedy) and Article 1 (Protection of property) of 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] in conjunction with Article 21.4 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 Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court, as well as Rules 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

6. Case: KI 12/21
Applicant: Violeta Hamidi

The subject matter of the Referral was the constitutional review of Judgment [ARJ-UVZP. no. 31/2020] of the Supreme Court of Kosovo, of 16 March 2020, by which the Applicant alleged that her fundamental rights and freedoms guaranteed by Articles: 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law], 46 [Protection of Property] and 49 [Right to Work and Exercise Profession] of the Constitution of the Republic of Kosovo, Article 14 (Prohibition of discrimination) and Article 1 (Protection of property) of the Protocol no. 1 of the European Convention on Human Rights, as well as Articles 7 and 23 of the Universal Declaration of Human Rights, have been violated. The Applicant also requested the Court not to disclose her identity in order to protect, “her right to privacy and the protection of her integrity”.
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, and Article 20 of the Law on the Constitutional Court, as well as Rules 32 (6) and 39 (2) of the Rules of Procedure, the request for non-disclosure of identity be rejected and the Referral be declared inadmissible.

7. Case: KI 45/21
Applicant: Samedin Bytyqi

The subject matter of the Referral was the constitutional review of Judgment [Rev. no. 264/2020] of the Supreme Court of Kosovo, of 3 September 2020, by which the Applicant alleged that his fundamental rights and freedoms guaranteed by Articles: 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo, as well as Article 1 (Protection of property) of the Protocol no. 1, and Article 6 (Right to a fair trial) as well as Article 13 (Right to an effective remedy) 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, 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, and Article 49 of the Law on the Constitutional Court, as well as Rules 39 (1) (c) and 57 (5) of the Rules of Procedure, the Referral be declared inadmissible.

8. Case: KI 53/21
Applicant: Limak Kosovo International Airport SH.A. “Adem Jashari”

The subject matter of the Referral was the constitutional review of Judgment [Rev. no. 353/2020] of the Supreme Court of Kosovo, of 2 November 2020, by which the Applicant alleged that its rights 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, in conjunction with Article 6 (Right to a fair trial) and Article 1 (Protection of property) of the Protocol no. 1 of the European Convention on Human Rights, have been violated.
The Referral was based on paragraph 4 of Article 21 [General Principles] and 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 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, as well as Rules 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.