Decisions published in July 2023

In July 2023, the Constitutional Court:

• reviewed 12 cases;
• rendered decisions for 8 cases;
• published 16 decisions;

On the Court’s webpage are published: three (3) Judgments and twelve (12) Resolutions on Inadmissibility.

Judgments
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1. KO159/21 and KO160/21
Applicant: Municipality of Prishtina
Published on: 4 July 2023

The Court assessed the constitutionality of the challenged acts of the Ministry of Local Government Administration and of the Ministry of Industry, Entrepreneurship and Trade, namely (i) “Report on the review of legality of Municipal act no. 020-558/10 of the Ministry of Local Government Administration of 8 July 2021”, regarding the “confirmation of the legality of the act of the Municipality of Prishtina no. 5133 of the Ministry of Industry, Entrepreneurship and Trade of 9 July 2021”; and (ii) “Report on the review of legality of the Municipal act of the Ministry of Local Government Administration of të 8 July 2021” regarding the “confirmation of the legality of the act of the Municipality of Prishtina no. 6077 of the Ministry of Industry, Entrepreneurship and Trade of 7 July 2021”. The Court found that the challenged acts are not compatible with paragraph 2 of Article 12 [Local Government], paragraphs 1 and 3 of Article 123 [General Principles] and paragraphs 2, 3 and 7 of Article 124 [Local Self-Government Organization and Operation] of the Constitution of the Republic of Kosovo, and as such are declared invalid, after assessing that the Ministry of Local Government Administration, by not assessing the legality of the Municipality’s decisions within the legal deadline and by notifying it about the suspension of their implementation, had made it impossible for the Municipality of Prishtina to exercise its competencies established in the provisions of the Law on Local Self-Government.
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. KO164/21
Applicant: Municipality of Prishtina
Published on: 5 July 2023

The Court assessed the constitutionality of points 3.1 and 3.2 of paragraph 3 of Article 6 (The selection commission) of Administrative Instruction no. 151/2020 of the Ministry of Education, Science, Technology and Innovation of 22 December 2020, which are related to the announcement of the vacancy by the Municipal Education Directorate in the Municipality of Prishtina for filling a number of positions for directors and deputy directors of public educational and pre-university training institutions in the Municipality of Prishtina. The Court concluded that based on point d) of Article 5 of the Law on Education in municipalities and paragraph 1 of Article 20 of the Law on Pre-University Education, directors and deputy directors of educational institutions are elected in accordance with the legal procedures established by MESTI, by a committee appointed by the Municipal Assembly, in which two (2) members will be from the Municipality and one (1) from MESTI. The challenged Administrative Instruction has the same content. As such, the latter does not exceed the municipal competencies stipulated by the Law on Education in Municipalities and the Law on Pre-University Education and also, in the circumstances of the present case, does not infringe upon the responsibilities of the Municipality according to the provisions of paragraph 4 of Article 113 (Jurisdiction and Authorized Parties) 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

3. KI55/22
Applicant: Sasha Spasiq
Published on: 5 July 2023

The Court assessed the constitutionality of the Decision [2022:19820] of the Basic Court in Ferizaj, of 17 May 2022 and the Decision [Pn1. no. 704/2022] of the Court of Appeals of Kosovo of 31 May 2022. The Court noted that, regarding the extension of the Applicant’s detention, the Court of Appeals upheld the position of the Basic Court, but did not address the specific and essential claim raised in his appeal before it, namely, it did not give an answer if the extension of his detention for more than four (4) months before the indictment was filed for a criminal offense punishable up to five (5) years, was in violation of Article 190 of the Criminal Procedure Code. The Court emphasized that the non-addressing of such an essential claim, which is related to the Applicant’s constitutional guarantees for liberty and security by the Court of Appeals, is not in compliance with Article 29 [Right to Liberty and Security] of the Constitution in conjunction with Article 5 (Right to liberty and security) of the European Convention on Human Rights as well as the principles and standards established through the case law of the European Court of Human Rights.
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 eight (8) of the Resolutions on Inadmissibility published by the Court, the latter 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 respective Applicants fall under the category of the fourth instance, and/or the latter are unsupported or unsubstantiated.

These Resolutions include the following cases:

1. KI117/22
Applicant: Musli Mehmetaj
Published on: 4 July 2023

Request for constitutional review of the Decision [PN. no. 430/2022] of the Court of Appeals of the Republic of Kosovo – Department for Serious Crimes, of 22 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

2. KI122/22
Applicant: Ilaz Rrahmani
Published on: 5 July 2023

Request for constitutional review of Judgment [AC-I-21-0527] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 15 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. KI42/23
Applicant: Smajl Mekaj
Published on: 5 July 2023

Request for constitutional review of Judgment [Rev. no. 73/2022], of the Supreme Court of the Republic of Kosovo of 7 October 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. KI91/22
Applicant: Kosovska Banka d.d.
Published on: 5 July 2023

Request for constitutional review of Judgment [AC-I-18-0491] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 18 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

5. KI29/22
Applicant: “Kosovska Banka” DD Beograd
Published on: 11 July 2023

Request for constitutional review of Judgment [AC-I-21-0174] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 13 January 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. KI219/22
Applicant: Drita Morina
Published on: 14 July 2023

Request for constitutional review of Judgment [Rev. no. 152/2022], of the Supreme Court of the Republic of Kosovo of 11 October 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

7. KI11/23
Applicant: “Sigal Uniqa Group Austria” j.s.c.
Published on: 25 July 2023

Request for constitutional review of Judgment [E. Rev. no. 47/2022] of the Supreme Court of the Republic of Kosovo of 1 September 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

8. KI139/22
Applicant: Hajredin Canolli
Published on: 25 July 2023

Request for constitutional review of Judgment [Rev. no. 510/2021] of the Supreme Court of the Republic of Kosovo of 10 May 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 referrals of the respective Applicants are 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, item (c) of paragraph (1), paragraph (2) and item (b) of paragraph (3) of Rule 39 (Admissibility Criteria) of the Rules of Procedure, in part as “unsubstantiated or unsupported claims”, and partly because the 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 point (b) of paragraph (1) of Rule 39 of the Rules of Procedure.

1. KI39/22
Applicant: Arianit Bruqaj
Published on: 7 July 2023

Request for constitutional review of Judgment [PML. no. 379/2021], of the Supreme Court of the Republic of Kosovo of 15 November 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

2. KI77/22
Applicant: Nuredin Sylejmani
Published on: 19 July 2023

Request for constitutional review of Judgment [Pml. no. 9/2022], of the Supreme Court of the Republic of Kosovo of 19 January 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

III.
In one (1) of the Resolutions on Inadmissibility, published by the Court, 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 subparagraph (c) of paragraph (1) of Rule 39 of the of the Rules of Procedure, due to its non-submission within the four (4) month deadline.

1. KI25/23 
Applicant: Shpejtim Ahmeti
Published on: 5 July 2023

Request for constitutional review of Decision [Pml. no. 326/2022], of the Supreme Court of the Republic of Kosovo of 27 September 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

IV.
In one (1) Resolution on Inadmissibility published by the Court, the latter found that the referral of the relevant Applicant does not meet the admissibility criteria before the Court, since the legal remedies 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 point (b) of paragraph (1) of Rule 39 of the Rules of Procedure have not been exhausted.

1. KI38/22
Applicant: Elvis Drmaku
Published on: 4 July 2023

Request for constitutional review of Decision [PN. no. 1297/21], of the Court of Appeals of the Republic of Kosovo of 28 January 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

Note:

This notification was prepared by the Secretariat of the Court for informational purposes only. The full text of the decisions will be submitted to the parties involved in the cases and will be published in the Official Gazette of the Republic of Kosovo within the specified deadlines.