Decisions from the review session held on 13 May 2020

In the review session held on 13 May 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 127/19; 2. KI 06/20; 3. KI 123/19 and 4. KO 116/19. 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 127/19
Applicant: Benizar Berisha

The subject matter of the Referral was the constitutional review of the Judgment [Ac. No. 4988/18], of the Court of Appeals of Kosovo of 13 March 2019, which allegedly violated the Applicant’s rights guaranteed by 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.
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 No. 03/L-121 on the Constitutional Court, 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 Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI 06/20
Applicant: Migjen Selmani

The subject matter of the Referral was the constitutional review of the Judgment [ARJ-UZVP. No. 95/2019], of the Supreme Court of Kosovo of 29 July 2019, which allegedly violated the Applicant’s rights protected by Articles: 31 [Right to Fair and Impartial Trial], 49 [Right to Work and Exercise Profession] and 55 [Limitations on Fundamental Rights and Freedoms] of the Constitution of the Republic of Kosovo, in conjunction with 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 No. 03/L-121 on the Constitutional Court, 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 49 of the Law on the Constitutional Court, and Rule 39 (1) (c) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Judgment
Case: KI 123/19
Case: “SUVA Rechtsabteilung”

The subject matter of the Referral was the constitutional review of the Judgment [Ae. No. 146/17], of the Court of Appeals of Kosovo of 26 February 2019, which allegedly violated the Applicant’s rights guaranteed by 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.
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 No. 03/L-121 on the Constitutional Court, 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 59 (1) ) of the Rules of Procedure, with majority, decided:

I.  TO DECLARE the Referral admissible;
II. TO HOLD that there has been a violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution, in conjunction with paragraph 1 of Article 6 (Right to a fair trial) of the European Convention on Human Rights;
III. TO DECLARE invalid Judgment [Ae. No. 146/17], of the Court of Appeals of 26 February 2019;
IV. TO REMAND Judgment [Ae. No. 146/17], of the Court of Appeals of 26 February 2019, for reconsideration in accordance with this Judgment of the Constitutional Court;
V. TO ORDER the Court of Appeals to notify the Court, in accordance with Rule 66 (5) of the Rules of Procedure, about the measures taken to implement the Judgment of the Court;
VI. TO REMAIN seized of the matter, pending compliance with that order;

4. Decision
Case: KO 116/19
Applicant: Ismet Kryeziu – alleged representative

The subject matter of the Referral was the request for legal interpretation of Decision [AC-I-13-0125-0001 and 0002] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters (PAK), of 22 July 2015, in conjunction with Judgment [PAKR 158/15], of the Court of Appeals of Kosovo of 5 April 2015. The Referral was submitted by Ismet Kryeziu, Director of the Legal Department of the Kosovo Cadastral Agency, who during the procedure of reviewing the case did not prove to the Court if he submitted the request for legal interpretation by the Constitutional Court on his behalf, as director of the office he represents, or as an authorized representative of the Ministry of Environment and Spatial Planning of the Republic of Kosovo.
The Referral was based on paragraph 10 of Article 93 [Competencies of the Government], in conjunction with Article 113 [Jurisdiction and Authorized Parties] of the Constitution of the Republic of Kosovo.
– The Court, in accordance with Article 113.1 of the Constitution, Articles 22.4 and 48 of the Law on the Constitutional Court, and Rule 35 (5) of the Rules of Procedure, decided to reject the Referral.