Decisions published during November 2024

In November 2024, the Constitutional Court:

• reviewed nineteen (19) cases;
• made decisions for fourteen (14) cases:
• published twelve (12) decisions;

During this period, on the website of the Constitutional Court were published: twelve (12) Resolutions on Inadmissibility

Resolutions on Inadmissibility
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I.
In one (1) Resolution on Inadmissibility published by the Court, the latter held that the Applicant’s Referral is inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 48 (Accuracy of the Referral) of the Law, paragraph (1) of Rule 34 (Admissibility Criteria) of the Rules of Procedure, because: (b) “all effective remedies foreseen by law against the challenged act have not been exhausted”.

1. KI57/24
Applicant: “Erisi J” sh.p.k.
Published on: 15 November 2024
Request for constitutional review of the Decision [Ac. No. 9241/2021] of the Court of Appeals of the Republic of Kosovo, of 12 October 2023.

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) Resolutions on Inadmissibility published by the Court, the latter held that the Applicants’ Referrals are inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 48 (Accuracy of the Referral) of the Law, paragraph (1) of Rule 34 (Admissibility Criteria) of the Rules of Procedure, because: (c) they have been filed after the deadline of four (4) months.

2. KI31/24
Applicant: Nuhi Metaj
Published on: 8 November 2024
Request for constitutional review of the Decision [Rev. No. 320/23] of the Supreme Court of the Republic of Kosovo, of 21 August 2023

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. KI180/24
Applicant: Domenik Prenkaj
Published on: 13 November 2024
Request for return to the previous situation and request for constitutional review of the Judgment [Pml. No. 304/2023] of the Supreme Court of the Republic of Kosovo, of 18 July 2023

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 eight (8) Resolutions on Inadmissibility published by the Court, the latter found that the Applicants’ referrals are inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 48 (Accuracy of the Referral) of the Law, paragraph (2) of Rule 34 (Admissibility Criteria) of the Rules of Procedure, because (i) the allegations of the respective Applicants fall into the category of the fourth instance; (ii) reflect allegations with a “clear absence of a violation”; and/or (iii) the same are “unsubstantiated or unreasoned”.

4. KI211/22
Applicant: Naim Prokshi
Published on: 4 November 2024
Request for constitutional review of the Judgment [Rev. No. 233/2022] of the Supreme Court of the Republic of Kosovo, of 18 July 2023

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. KI93/23
Applicant: AAB CONSTRUCTION sh.p.k.
Published on: 6 November 2024
Request for constitutional review of the Decision [K.DH.SH. II. No. 425/2022] of the Commercial Court of the Republic of Kosovo, of 8 December 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. KI108/24
Applicant: Bekim Fazliu and Rrahman Fazliu
Published on: 8 November 2024
Request for constitutional review of the Judgment [Pml. No. 61/2024] of the Supreme Court of the Republic of Kosovo, of 29 February 2024

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. KI109/23
Applicant: Basri Blakqori
Published on: 13 November 2024
Request for constitutional review of the Judgment [AC-I-15-0157-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo on Privatisation Agency of Kosovo Related Matters, of 3 February 2023

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. KI156/23
Applicant: Elvan Imami
Published on: 19 November 2024
Request for constitutional review of the Judgment [No. AC-I-21-0781-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo, of 6 April 2023

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

9. KI167/24
Applicant: N.T.SH. “PATRONI”
Published on: 19 November 2024
Request for constitutional review of the Judgment [ARJ-UZVP. No. 44/2024] of the Supreme Court of the Republic of Kosovo, of 4 April 2024

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

10. KI255/23
Applicant: Genc Qorri
Published on: 19 November 2024
Request for constitutional review of the duration of proceedings in the case [C. No. 4671/19] of the Basic Court in Prishtina

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

11. KI187/22
Applicant: Elmi Mena
Published on: 27 November 2024
Request for constitutional review of the Judgment [Rev. No. 165/2022] of the Supreme Court of the Republic of Kosovo, of 6 July 2023

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 held that the Applicant’s Referral is inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 48 (Accuracy of the Referral) of the Law, paragraph (3) of Rule 34 (Admissibility Criteria) of the Rules of Procedure, because: (c) the Referral is ratione materiae.

12. KI29/24
Applicants: Gulten Kulak, Semsettin Krusa, Ali Mercan, Yasar Mercan and Adile Mercan
Published on: 4 November 2024
Request for constitutional review of the Judgment [CPP. 3/2021] of the Supreme Court of the Republic of Kosovo, of 30 September 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 was prepared by the Secretariat of the Court solely for informational purposes. The full texts of the decisions have been served on all parties involved in the cases and will be published in the Official Gazette of the Republic of Kosovo within the specified deadlines.