Decisions from the review session held on 14 October 2020

14.10.2020

In the review session held on 14 October 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 12/20; 2. KI 25/20; 3. KI 74/20 and 4. KI 93/20. 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 12/20
Applicant: Hamijete Dinarama-Daija

The subject matter of the Referral was the constitutional review of Judgment [AC-I-13-0181-A0008] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters of 29 August 2019. The Applicant alleged that the challenged decision violated her rights guaranteed by Articles: 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 1 of Protocol 1 (Protection of Property) 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, Article 22 [Processing Referrals] and Article 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rules 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, 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 (1) (c) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

2. Resolution
Case: KI 25/20
Applicant: Dashamir Uruçi

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 367/2019] of the Supreme Court of Kosovo, of 10 December 2019, in conjunction with Decision [Ac. No. 3906/19] of the Court of Appeals of Kosovo of 9 September 2019. The Applicant alleged that the challenged decision violated his rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic, as well as Articles 5 (Right to liberty and security) and 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, Article 22 [Processing Referrals] and Article 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20, 47 and 49 of the Law on the Constitutional Court and Rules 39 (1) (c) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

3. Resolution
Case: KI 74/20
Applicant: Gazmend Boshnjaku

The subject matter of the Referral was the constitutional review of the Decision [NRB 70157617], of the Tax Administration of Kosovo, Regional Office in Gjakova of 10 May 2011, which, allegedly violated the Applicant’s rights, guaranteed by Article 24 [Equality Before the Law] and Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, as well as Article 6 [Right to a fair trial] of the European Convention on Human Rights. The Applicant also requested the Court to impose an interim measure in order to annul the decision of the Tax Administration.
The Referral was based on Articles 21.4 and 113.7 of the Constitution, Articles 22 [Processing Referrals], 27 [Interim Measures] and 47 [Individual Requests] of Law No. 03 L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that the request for interim measure be rejected and that, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rules 39 (1) (b) and 57 ( 1) of the Rules of Procedure, the referral be declared inadmissible.

4. Decision
Case: KI 93/20
Applicant: Tush Kolgjeraj

The subject matter of the Referral was the constitutional review of the Decision [PN. No. 825/17] of the Court of Appeals of Kosovo, of 6 October 2017, which, according to Applicant’s allegations, violated all his rights guaranteed by 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, Article 22 [Processing Referrals] and Article 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, in accordance with Article 116.1 of the Constitution, Article 20 of the Law on the Constitutional Court and Rule 35 (5) of the Rules of Procedure, the Referral be rejected.