Decisions from the review session held on 13 November 2019

In the review session held on 13 November 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the referrals: 1. KI 176/18, KI 183/18 and KI 06/19; 2. KI 170/18; 3. KI 62/19 and 4. KI 126/19. 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 176/18, KI 183/18 dhe KI 06/19
Applicants: Zeqir Demaku, Jahir Demaku, Fadil Demaku, Nexhat Demaku, Isni Thaçi, Bashkim Demaj, Selman Demaj, Driton Demaj dhe Agim Demaj

The subject matter of the Referral was the constitutional review of the Judgment [Pml.no.158 / 2018] of the Supreme Court of Kosovo, of 26 September 2018, which as alleged by the Applicants violated their rights guaranteed by Article 24 [Equality before the law], 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 for the Protection of Human Rights, and Article 53 [Interpretation of Human Rights Provisions] of the Constitution. The Applicants in the Referral KI 176/18 also alleged that the Supreme Court by the challenged decision violated the right of convict S.S. guaranteed by Article 29 [Right to Liberty and Security] of the Constitution. The Applicants in the Referral KI 176/18 at the same time requested from the Constitutional Court to impose an interim measure, namely “to stop the execution of the challenged decision”. The Applicants in the Referral KI 06/19 also requested from the Court to impose an interim measure, namely to “suspend the execution of sentences imposed by the Basic Court in Mitrovica, in cases bearing the number ED: 123, 125, 126 and 127, pending the decision of the Constitutional Court of the Republic of Kosovo in this case”
The Referrals were based on Article 113, paragraph 7 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], 27 [Interim Measures] and 47 [Individual Requests] of the Constitutional Court Law (No.03/L -121), as well as Rules 32 [Filing of Referrals and Replies] and 56 [Request for Interim Measures] of the Rules of Procedure of the Constitutional Court.
– The Court, by unanimous decision of the Judges and in accordance with Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 39(1)(a), 39(2) and 59(2) of the Rules of Procedure, decided to declare the Referral inadmissible.
The Court decided to dismiss the request for interim measures in accordance with Article 27 of the Law on the Constitutional Court and Rule 57 of the Rules of Procedure.

2. Resolution
Case: KI 170/18
Applicant: Draško Šćekić

The subject matter of the Referral was the constitutional review of the Judgment[GSK-KPA-A-229/2015] of the Supreme Court of Kosovo – Appellate Panel of the Kosovo Property Agency, of 30 May 2018, which as alleged by the Applicant violated his rights and freedoms guaranteed by Article 22[Direct Applicability of International Agreements and Instruments], Article 31 [Right to Fair and Impartial trial], Article 32[Right to Legal Remedies] and Article 46[Protection of Property] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 (Right to a fair trial) and Article 1 of Protocol 1 (Protection of property) of the European Convention for the Protection of Human Rights, as well as Article 8, Article 10 and Article 17 of the Universal Declaration of Human Rights.
The Referral was based on Article 113.7 [Jurisdiction and Authorized Parties] of the Constitution, Article 47 [Individual Requests] of the Law on the Constitutional Court (No. 03/L-121) and Rule 32[Filing of Referrals and Replies] of the Rules of Procedure of the work of the Constitutional Court.
– The Court, pursuant to Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 39(2) and 39(3)(d) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Resolution
Case: KI 62/19
Applicant: Gani Gashi

The subject matter of the Referral was the constitutional review of the Judgment [GSK-KPA-A-243/15] of the Supreme Court of Kosovo, of 4 December 2018, which as alleged by the Applicant violated his rights and freedoms guaranteed by Article 24 [Equality before the Law] of the Constitution of the Republic of Kosovo.
The Referral was based on Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of the 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, pursuant to Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 39(2) and 39(3)(d) of the Rules of Procedure, decided that the Referral is inadmissible.

4. Resolution
Case: KI 126/19
Applicant: Lon Paluca

The subject matter of the Referral was the constitutional review of the Judgment [Rev. no. 67/2019], of the Supreme Court of Kosovo of 20 March 2019, rejecting the Applicant’s revision filed against the decision of the Court of Appeal of Kosovo [CN. no. 659/2015], dated December 21, 2018, concerning his proposal to repeat the contested procedure as unfounded. The Applicant alleged that the judgment of the Supreme Court violated his rights guaranteed by Articles 3 and 24 [Equality before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 [Right to a fair trial] of the European Convention for the Protection of Human Rights and Article 10 of the Universal Declaration of Human Rights.
The Referral was based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of the 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, pursuant to Article 113.7 of the Constitution, Article 48 of the Law on the Constitutional Court and Rules 39 (3)(b) of the Rules of Procedure, decided that the Referral is inadmissible.