Decisions published during February 2023
06.03.2023In February 2023, the Constitutional Court:
• reviewed 12 cases;
• rendered decisions for 8 cases;
• published 18 decisions;
On the website of the Court have been published: one (1) Judgment, sixteen (16) Resolutions on Inadmissibility, and one (1) Decision to Reject the Referral.
Judgments
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1. KI06/21
Applicant: Dragan Mihajloviq
Published on: 7 February 2023
The Court assessed the constitutionality of the duration of the proceedings at the Court of Appeals of the Republic of Kosovo concerning case Ac. no. 3930/2016, finding that it is not in compliance with Article 31 [Right to Fair and Impartial Trial] of the Constitution in conjunction with Article 6 (Right to a fair trial) of the European Convention on Human Rights. The judgment, among others, elaborates the principles related to the right to a court decision within a reasonable time, including (i) the calculation of the time extension of the proceedings and the moment when the competent court is set in motion at the request of parties to decide for an alleged legitimate right or interest; and (ii) the reasonableness of the duration of the proceedings based on: a) complexity of the case; b) conduct of the parties to the proceedings; c) conduct of the competent court or other public authorities; and d) the importance of what is at stake for the Applicant in the dispute.
You can read the full text of the Judgment and the summary in the two official languages of the Republic of Kosovo, and in English, by clicking here
Resolution on Inadmissibility
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I.
In eleven (11) Resolutions on inadmissibility published by the Court, the latter found that the they manifestly ill-founded based on paragraph (2) of Rule 39 (Admissibility Criteria) of the Rules of Procedure because the allegations of the respective Applicants fall into the category of “fourth instance”, because, among others, they reflect argued allegations on the level of “legality” and not “constitutionality” and/or they are “unsubstantiated or unjustified”.
These Resolutions include the following cases:
1. KI106/22
Applicant: Driton Fetahu
Published on: 27 February 2023
Request for constitutional review of Judgment [Pml. no. 23/2022] of the Supreme Court of the Republic of Kosovo, of 11 March 2022
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
2. KI51/22
Applicant: Naser Mustafa
Published on: 23 February 2023
Request for constitutional review of Judgment [ARJ. no. 102/2021] of the Supreme Court of the Republic of Kosovo, of 20 December 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
3. KI223/21
Applicants: Hasan Isafi and Muharrem Isafi
Published on: 23 February 2023
Request for constitutional review of Judgment [Rev. no. 370/2021] of the Supreme Court of the Republic of Kosovo, of 19 October 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
4. KI193/21
Applicant: A.B.
Published on: 16 February 2023
Request for constitutional review of Judgment [AA.no.41/2021] of the Supreme Court of the Republic of Kosovo, of 21 June 2021
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
5. KI33/22
Applicant: Selim Raqi
Published on: 16 February 2023
Request for constitutional review of Judgment [Rev.no.84/2021] of the Supreme Court of the Republic of Kosovo, of 11 October 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
6. KI107/22
Applicant: Valdet Avdiu
Published on: 14 February 2023
Request for constitutional review of Judgment [A.A.no.5/2022] of the Supreme Court of the Republic of Kosovo, of 19 April 2022.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
7. KI131/22
Applicant: Zlatan Krstic
Published on: 10 February 2023
Request for constitutional review of Judgment [Pml.no.46/2022] of the Supreme Court of the Republic of Kosovo, of 23 June 2022.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
8. KI232/21
Applicant: Reshat Totaj
Published on: 9 February 2023
Request for constitutional review of Judgment [Rev. no. 29/2021] of the Supreme Court of the Republic of Kosovo, of 9 August 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
9. KI31/22
Applicant: Fidan Hoti
Published on: 7 February 2023
Request for constitutional review of Judgment [Rev. no. 129/2021] of the Supreme Court of the Republic of Kosovo, of 14 October 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
10. KI155/22
Applicant: Besa Sopi
Published on: 7 February 2023
Request for constitutional review of the Judgment [AC-I-22-0133] of the Appellate Panel of the Special Chamber of the Supreme Court on Privatisation Agency of Kosovo Related Matters, of 23 May 2022.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
11. KI72/22
Applicant: Branislav Stojanović
Published on: 7 February 2023
Request for constitutional review of Judgment [Rev. no. 318/2021] of the Supreme Court of the Republic of Kosovo, of 1 November 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
II.
In four (4) Resolution on Inadmissibility published by the Court, the latter found that the referrals of Applicants were submitted after the legal deadline of 4 (four) months set forth in Article 49 (Deadlines) of the Law on the Constitutional Court and paragraph (1 ) (c) of Rule 39 of the Rules of Procedure.
These Resolutions include the following cases:
1. KI111/22
Applicant: “Bechtel Enka” GP O.P.
Published on: 22 February 2023
Request for constitutional review of Decision [Ac.no. 5723/20] of the Court of Appeals, of 7 December 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
2. KI149/22
Applicant: Fejzi Hajdari
Published on: 16 February 2023
Request for constitutional review of Decision [Kml.no. 2/2021] of the Supreme Court of the Republic of Kosovo, of 24 February 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
3. KI93/22
Applicant: Jovan Ristič
Published on: 9 February 2023
Request for constitutional review of Decision [Rev. no. 459/21] of the Supreme Court of the Republic of Kosovo, of 21 April 2022.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
4. KI140/22
Applicants: Imer Mustafa and others
Published on: 7 February 2023
Request for constitutional review of Judgment [Rev. no. 209/2021] of the Supreme Court of the Republic of Kosovo, of 10 January 2022.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
III.
In one (1) Decision on Inadmissibility published by the Court, the latter found that the referral of the relevant applicant is inadmissible, partly as manifestly ill-founded based on paragraph (2) of Rule 39 of the Rules of Procedure because the allegations of the relevant Applicant fall into the category of claims “unsubstantiated or unjustified” and partly due to not submitting it within the four (4) month deadline based on Article 49 (Deadlines) of the Law on the Constitutional Court and paragraph (1) (c) of Rule 39 of the Rules of Procedure.
1. KI136/22
Applicant: “Marash Petrol-D” L.L.C.
Published on: 7 February 2023
Request for constitutional review of Decision [no. 696/22] of the Commercial Court in Prishtina, Second Instance Chamber, of 23 August 2021.
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
Decisions to reject the referral
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In one (1) Decision to reject the referral published by the Court, the latter found that the referral must be summarily rejected in accordance with paragraph 5 of Rule 35 (Withdrawal, Dismissal and Rejection of Referrals) of the Rules of Procedure, because the Applicant, despite the Court’s requests for clarification: (i) has not clarified before the Court the act of the public authority he is challenging; (ii) has not clarified which fundamental rights and freedoms guaranteed by the Constitution he alleges to have been violated; and (iii) has not submitted the relevant documentation to the Court.
1. KI137/22
Applicant: Agim Stublla
Published on: 7 February 2023
Request for constitutional review of unspecified act of public authority
You can read the full text of the the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
Note:
This notification has been prepared by the Secretariat of the Court for informational purposes only. The full texts of the decisions have been served to all parties involved in the cases and will be published in the Official Gazette of the Republic of Kosovo within set deadlines.