Decisions published during April 2023

In April 2023, the Constitutional Court:

• reviewed 52 cases;
• rendered decisions for 44 cases;
• published 10 decisions;

On the website of the Court have been published: two (2) Judgments and eight (8) Resolutions on Inadmissibility.

Judgments
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1. KO100/22 and 101/22
Applicants: Abelard Tahiri and 10 other deputies; Arben Gashi and 10 other deputies of the Assembly of the Republic of Kosovo
Published on: 5 April 2023

The Court assessed the constitutionality of Law no. 08/L-136 on Amending and Supplementing Law no. 06/L-056 on Kosovo Prosecutorial Council. The Court found that (i) item 1.3.2 of paragraph 1 of Article 6 and Article 8, respectively Article 10/A of the challenged Law, regarding the appointment of a member of the Prosecutorial Council by the Ombudsperson are not compatible with paragraph 1 of Article 4 [Form of Government and Separation of Power], paragraph 10 of Article 65 [Competences of the Assembly] and Article 132 [Role and Competencies of the Ombudsperson] of the Constitution; (ii) paragraph 2/a of Article 13 of the challenged Law regarding the decision-making quorum in the Prosecutorial Council is not compatible with paragraph 1 of Article 4 [Form of Government and Separation of Power] and paragraph 1 of Article 110 [Kosovo Prosecutorial Council] of the Constitution; (iii) paragraph 5 of Article 16 of the challenged Law regarding the legal remedy of Council members for dismissal is not compatible with paragraph 1 of Article 24 [Equality Before the Law] of the Constitution; (iv) Article 18, respectively 23/A of the challenged Law is not compatible with Article 32 [Right to Legal Remedies] and Article 54 [Judicial Protection of Rights] of the Constitution; and (v) paragraph 3 of Article 11 and Article 20 of the challenged Law regarding the early termination of some current members of the Council are not compatible with paragraph 1 of Article 4 [Form of Government and Separation of Power], Article 32 [Right to Legal Remedies], Article 54 [Judicial Protection of Rights] and paragraph 1 of Article 110 [Kosovo Prosecutorial Council] of the Constitution.
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

2. KI14/22
Applicant: Shpresa Gërvalla
Published on: 7 April 2023

The Court assessed the constitutionality of Judgment [Rev. no. 409/2020] of the Supreme Court of the Republic of Kosovo, of 28 September 2021. The court found that the Supreme Court violated the principle of the “court established under law” provided for in paragraph 2 of 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, because in accordance with paragraph 2 of the Article 224 [untitled] of the Law on Contested Procedure, the provision which refers to the competence of the Supreme Court in the context of its decision-making, in which case the revision court finds that, on the grounds of erroneous application of substantive law or on the grounds of violations of the procedural rules, the factual situation has not been completely determined and, therefore, the requirements for modification of the challenged judgment do not exist, the Supreme Court had to remand the case to the lower courts for retrial.
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

Resolutions on Inadmissibility
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I.
In four (4) Resolutions on Inadmissibility published by the Court, the Court found that the latter are ungrounded, based on paragraph (2) of Rule 39 (Admissibility Criteria) of the Rules of Procedure, because the allegations of the Applicants of the of the respective referrals fall into the category of “fourth instance”, as, among other things, they reflect allegations argued at the level of “legality” and not “constitutionality”, and/or the latter are “unsubstantiated or unsupported”.

These Resolutions include the following cases:

1. KI102/22
Applicant: Faton Aliu
Published on: 24 April 2023

Request for the constitutional review of the Judgment [Rev. no. 559/2022] of the Supreme Court of the Republic of Kosovo of 10 March 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here

2. KI174/22
Applicant: Rafet Ismajli
Published on: 24 April 2023

Request for the constitutional review of the Judgment [Pml. no. 284/2022] of the Supreme Court of the Republic of Kosovo of 28 July 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here

3. KI08/23
Applicant: Sejdi Selimi
Published on: 25 April 2023

Request for the constitutional review of the Judgment [Rev. no. 362/21] of the Supreme Court of the Republic of Kosovo of 14 November 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here

4. KI114/22
Applicant: Valdet Dumani
Published on: 25 April 2023

Request for the constitutional review of the Judgment [Pml. no. 148/2022] of the Supreme Court of the Republic of Kosovo of 21 April 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here

II.
In two (2) of the Resolutions on Inadmissibility published by the Court, the latter found that the Applicants’ referrals do not meet the admissibility criteria before the Court, as legal remedies have not been exhausted as established in paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, paragraph 2 of Article 47 (Individual Requests) of the Law and item (b) of paragraph (1) of Rule 39 of the Rules of Procedure.

5. KI109/22
Applicant: Sabit Gori
Published on: 13 April 2023

Request for the constitutional review of the Judgment [ARJ. no. 11/2022] of the Supreme Court of the Republic of Kosovo of 25 February 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here

6. KI65/21
Applicant: Agim Deshishku
Published on: 13 April 2023

Request for the constitutional review of the Judgment [Pml. no. 152/2020], of the Supreme Court of the Republic of Kosovo of 16 November 2020.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here

III.
In one (1) Resolution on Inadmissibility, published by the Court on 4 April 2023, the latter found that the referral of the respective Applicant is inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, paragraph 2 of Article 47 (Individual Requests) and Article 49 (Deadlines) of the Law and paragraph (1)(b)(c) and (3)(b) of Rule 39 of the Rules of Procedure, partly on the grounds of substantial non-exhaustion of all legal remedies and partly on the grounds of its non-submission within the four (4) month deadline.

7. KI204/21
Applicant: Sabit Istrefi
Published on: 4 April 2023

Request for the constitutional review of the Decision [Pzd. no. 83/2021], of the Supreme Court of the Republic of Kosovo of 4 August 2021.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here

IV.
In one (1) Resolution on Inadmissibility, published by the Court on 13 April 2023, the latter found that the referral of the respective Applicant is inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, paragraph 2 of Article 47 (Individual Requests) of the Law and item (b) of paragraph (1) and paragraph (2) of Rule 39 of the Rules, partly on the grounds of non-exhaustion of all legal remedies and partly because the Applicant’s allegations belong to the “fourth instance” category, since, among other things, they reflect allegations argued at the level of “legality” and not “constitutionality”, and/or the latter are “unsubstantiated or unsupported” and as such are manifestly ill-founded.

8. KI213/21
Applicant: “N.T. Doli”
Published on: 13 April 2023

Request for the constitutional review of the Judgment [Ac. no. 5805/2020] of the Court of Appeals of the Republic of Kosovo of 19 October 2021.
You can read the full text of 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.