Decisions from the review session held on 11 March 2020

In the review session held on 11 March 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 75/19; 2. KI 42/18; 3. KI 107/19; 4. KI 83/19; 5. KI 131/19; 6. KI 115/19; 7. KI 148/18 and 8. KI 125/19. Below you can read the brief summaries of the Court’s decisions (full texts of resolutions and judgments will be submitted to the parties, will be published on the Court’s website and in the Official Gazette during the following days):

1. Resolution
Case: KI 75/19
Applicant: Naim Prokshi

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 4/2019], of the Supreme Court of Kosovo of 4 February 2019, in conjunction with Judgment [PA1. No. 345/2018], of the Court of Appeals of Kosovo of 26 October 2018, and Judgment [P. No. 125/2017], of the Branch in Skenderaj of the Basic Court in Mitrovica of 25 January 2018. The Applicant alleged that this Judgment violated his fundamental rights and freedoms, guaranteed by Articles 23 [Human Dignity], 24 [Equality Before the Law] and 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.
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 on the Constitutional Court No. 03/L-121 and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20, 47 e 48 of the Law on the Constitutional Court and Rules 39 (2) and 39 (3) (b) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI 42/18
Applicant: Asija Muslija

The subject matter of the Referral was the constitutional review of Notification [KMLC No. 09/2018] of the State Prosecution, of 2 March 2018, and Decision [AC. No. 3538/2017] of the Court of Appeals of Kosovo, of 8 December 2017, which allegedly violated the Applicant’s fundamental rights and freedoms, guaranteed by Articles 5 [Languages], 24 [Equality Before the Law] and 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.
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 on the Constitutional Court (No. 03/L-121) and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court in accordance with Article 113.7 of the Constitution, Articles 20, 47 and 48 of the Law on the Constitutional Court and Rule 39 (1) (d), 39 (2) and 39 (3) (b) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Resolution
Case: KI 107/19
Applicant: Gafurr Bytyqi

The subject matter of the Referral was the constitutional review of the Decision [AC-I-19-0065] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo, of 6 June 2019. The Applicant alleged that this Decision violated his fundamental rights and freedoms guaranteed by Articles: 10 [Economy], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 53 [Interpretation of Human Rights Provisions] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo. The Applicant also requested the Constitutional Court to impose interim measures, by “prohibiting the sale of Unit No. 37: Marketing Export Shop Lipjan/Sale of assets in wave 42”.
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 on the Constitutional Court No. 03/L-121 and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20, 27, and 47 of the Law on the Constitutional Court and Rules 39 (2), 57 and 59 (2) of the Rules of Procedure, decided to reject the request for interim measure and declare the Referral is inadmissible.

4. Resolution
Case: KI 83/19
Applicant: Nikolaj Skljarenko

The subject matter of the Referral was the constitutional review of the Judgment [GSK-KPA-A-222/2015] of the Supreme Court of Kosovo of 20 September 2018, in conjunction with Decision [KPCC/D/R/231/2014], of 13 March 2014, of the Kosovo Property Claims Commission within the Kosovo Property Agency. The Applicant alleged that this Judgment violated the fundamental rights and freedoms guaranteed by: (i) 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 (ECHR); (ii) Article 46 [Protection of Property] of the Constitution, in conjunction with Article 1 (Protection of Property) of Protocol no. 1 of the ECHR; and (iii) Articles 8 (Right to respect for private and family life) and 14 (Prohibition of discrimination) of the ECHR.
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 on the Constitutional Court No. 03/L-121 and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

5. Resolution
Case: KI 131/19
Applicant: Sylë Hoxha

The subject matter of the Referral was the constitutional review of the Judgment [AML. No. 1/2019], of the Supreme Court of Kosovo [AML. No. 1 /2019], of 16 April 2019, in conjunction with the Judgment [AA. No. 333/2018], of 31 October 2018 of the Court of Appeals of Kosovo of 31 October 2018 and the Judgment [A. No. 1750/15], of the Department of Administrative Affairs of the Basic Court in Prishtina of 16 April 2018. The Applicant alleged that this Judgment violated 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, as well as by Article 6 of the European Convention on Human Rights.
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 on the Constitutional Court (No. 03/L-121) and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

6. Resolution
Case: KI 115/19
Applicant: Sadete Jusufi

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 53/2019], of the Supreme Court of the Republic of Kosovo of 20 March 2019, which allegedly violated the Applicant’s fundamental rights and freedoms, guaranteed by Articles 24 [Equality Before the Law] and 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, as well as Articles 32 [Right to Legal Remedies] and 49 [Right to Work and Exercise and Profession] of the Constitution.
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 on the Constitutional Court No. 03/L-121 and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

7. Resolution
Case: KI 148/18
Applicant: ESBI Consultants Limited

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-18-0090] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo related matters, of 31 May 2018. The Applicant alleged that this Judgment violated its rights, guaranteed by Articles 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.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law on the Constitutional Court No. 03/L-121 and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court 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, decided that the Referral is inadmissible.

8. Resolution
Case: KI 125/19
Applicant: Ismajl Bajgora

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 73/2019] of the Supreme Court of Kosovo of 19 March 2019, in conjunction with the Judgment [Ac. No. 4134/14], of the Court of Appeals of Kosovo of 27 November 2018, and by the Judgment [C. No. 2915/12],of the Basic Court in Prishtina of 11 June 2014. The Applicant alleged that this Judgment violated his fundamental rights and freedoms guaranteed by Articles: 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 23 [Human Dignity], 24 [Equality Before the Law], 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 on the Constitutional Court No. 03/L-121, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court 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, decided that the Referral is inadmissible.