Notification on the decisions from the review session held on 2 June 2021

In the review session held on 2 June 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 146/20; 2. KI 08/21; 3. KI 23/21; 4. KI 51/21 and 5. KI 70/21. 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 146/20
Applicants: Xhemile Krapi and 11 others

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 66/2020] of the Supreme Court of Kosovo of 2 June 2020, whereby the Applicants alleged that their 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 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 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 08/21
Applicant: Mirishahe Shala

The subject matter of the Referral was the constitutional review of the Judgment [AC. No. 625/2020] of the Court of Appeals of Kosovo of 9 September 2020, whereby the Applicant alleged that her fundamental rights and freedoms, guaranteed by Articles: 3 [Equality Before the Law], 22 [Direct Applicability of International Agreements and Instruments], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 54 [Judicial Protection of Rights] and 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial) and 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, Articles 20 [Decisions] and 22 [Processing Referrals] 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 Rule 39 (2) of the Rules of Procedure, the Referral be declared inadmissible.

3. Case: KI 23/21
Applicant: Rabit Fazliu

The subject matter of the Referral was the constitutional review of the Decision [CN. No. 11/20], of the Supreme Court of Kosovo of 26 October 2020, whereby the Applicant alleged that his fundamental rights and freedoms, guaranteed by Articles: 3 [Equality Before the Law], 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, in conjunction with Article 6 (Right to a fair trial) and Article 13 (Right to an effective remedy) of the European Convention on Human Rights, as well as Article 1 of Protocol No. 1 of the ECHR, 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 Article 113.7 of the Constitution and Rule 39 (1) (c) of the Rules of Procedure, the Referral be declared inadmissible.

4. Case: KI 51/21
Applicant: Skender Hyseni

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 229/2020] of the Supreme Court of Kosovo, of 14 January 2021, in conjunction with the Decision [Ac. No. 859/16], of the Court of Appeals of Kosovo of 11 December 2019. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms, guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 49 [Right to Work and Exercise Profession] 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 Article 113.7 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 70/21
Applicant: Burhan Tusha

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 293/2020] of the Supreme Court of Kosovo of 10 November 2020, whereby the Applicant alleged that his fundamental rights and freedoms, guaranteed by Articles: 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, 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 Article 113.7 of the Constitution, Articles 20 and 48 of the Law on the Constitutional Court, and Rule 39 (2) of the Rules of Procedure, the Referral be declared inadmissible.