Decisions from the review session held on 22 April 2020

In the review session held on 22 April 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KO 203/19; 2. KI 193/18; 3. KI 236/19; 4. KI 59/19 and 5. KI 201/19. Below you can read the brief summaries of the Court’s decisions (full texts of decisions will be submitted to the parties, will be published on the Court’s website and in the Official Gazette during the following days):

1. Decision on extension of interim measure
Case: KO 203/19
Applicant: The Ombudsperson

The subject matter of the Referral was the constitutional review of Articles 2 (paragraph 3), 5 (paragraph 1, subparagraph 1. 2 and paragraph 2), 10 (paragraphs 1 and 2), 11, 14 (paragraph 5), 15 (paragraphs 4 and 6), 17 (paragraph 7), 31 (paragraph 3), 32 (paragraph 5), 33 (paragraph 5), 34 (paragraph 16), 35 (paragraph 6), 37 (paragraph 5), 38 (paragraph 7), 39 (paragraph 11), 40 (paragraph 12), 41 (paragraph 6), 42 (paragraphs 10 and 11), 43 (paragraph 13), 44 (paragraph 4), 48 (paragraph 9), 49 (paragraph 6), 52 (paragraph 7), 54 (paragraph 6), 67 (paragraph 11), 68 (paragraph 8), 70 (paragraph 8), 71 (paragraph 8), 75, 80 (paragraph 4), 83 (paragraph 18) and 85 of the Law No. 06/L-114 on Public Officials, published in the Official Gazette of the Republic of Kosovo, on 11 March 2019, and which entered into force six (6) months after its publication in the Official Gazette. The Applicant alleged that the challenged Articles are not compliance with paragraph 2 of Article 132 [Role and Competencies of the Ombudsperson] of the Constitution of the Republic of Kosovo, and other constitutional provisions governing the status of independent constitutional institutions.
In his Referral, the Applicant also requested the Constitutional Court to impose an interim measure for the immediate suspension of the challenged provisions, which the Court approved after the first hearing on 19 November 2019 and which extended for the second time, in the review session held on 26 February 2020, until 28 April 2020.
The Referral was based on paragraph 2, sub-paragraph 1 of Article 113 [Jurisdiction and Authorized Parties] and paragraph 2 of Article 116 [Legal Effect of Decisions] of the Constitution, Articles 22, 27, 29 and 30 of Law No. 03/L-121 on the Constitutional Court, and Rules 32, 56, and 57 of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 116.2 of the Constitution, Article 27 of the Law on the Constitutional Court and Rule 57 of the Rules of Procedure, unanimously decided:

I. TO EXTEND the interim measure decided by the Decision on Interim Measure in case KO203/19 of 19 November 2019, extended by the Decision of  28 February 2020, until 30 June 2020;
II. TO EXTEND SUSPENSION of the implementation in entirety of the Law No. 06/L-114 on Public Officials, in the duration specified in item I;

2. Judgment
Case: KI 193/18
Applicant: Agron Vula

The subject matter of the Referral was the constitutional review of the Decision [Ac. No. 227/18] of the Court of Appeals of Kosovo of 18 September 2018, in conjunction with non-enforcement of Decision [A 02 158/07] of the Independent Oversight Board of Kosovo of 25 February 2008. The Applicant alleged that the challenged  decision of the Court of Appeals, regarding the non- enforcement of the Decision of the Independent Oversight Board from the Municipality of Gjakova, violated his rights guaranteed by Articles: 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 49 [Right to Work and Exercise Profession] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, in conjunction with Articles 6 [Right to a fair trial] and 13 [Right to an effective remedy] of the European Convention on Human Rights (ECHR).
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 47 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 Articles 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court, and Rules 59 (1) and 66 of the Rules of Procedure, decided:

I. TO DECLARE, unanimously, the Referral inadmissible;
II. TO HOLD unanimously that the non-enforcement of the IOBK Decision, A 02 158/2005, of 25 February 2008, violated Articles 31, 32 and 54 of the Constitution, in conjunction with Articles 6 and 13 of the ECHR;
III. TO INSTRUCT the Applicant in civil proceedings for eventual compensation of damage;

3. Resolution
Case: KI 236/19
Applicant: Hamdi Kuleta

The subject matter of the Referral was the constitutional review of the Decision [No. AC-I-14-0339-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 29 November 2019. The Applicant alleged that this decision violated his rights guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 32 [Right to Legal Remedies] of the Constitution of the Republic of Kosovo.
The Referral was based on Article 113.7 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 22 of the Law on the Constitutional Court, and Rule 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible. 

4. Resolution
Case: KI 59/19
Applicant: Snežana Nešević

The subject matter of the Referral was the constitutional review of the Judgment [Ac. No. 203/14], of the Court of Appeals of Kosovo of 17 December 2018, in conjunction with the Judgment [C. No. 653/09] of the Basic Court in Peja, of 11 November 2013. The Applicant alleged that this Judgment violated her fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 of the European Convention on Human Rights, Article 46 [Protection of Property] of Constitution and Article 17 of the Universal Declaration of 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 Articles 113.7 of the Constitution, Article 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. Decision
Case: KI 201/19
Applicant: Tush Kolgjeraj

The subject matter of the Referral was the Applicant’s request for reconsideration of the Resolution on Inadmissibility KI 127/18 of the Constitutional Court, of 21 October 2019, which declared his Referral inadmissible, because it was submitted out of the legal time limit.
The Referral was based paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, as well as Articles: 22 [Processing Referrals], 47 [Individual Requests], 48 [Accuracy of the Referral] and 49 [Deadlines] of Law No. 03/L-121 on the Constitutional Court.
– The Court, in accordance with Articles 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court, and Rule 35 (5) of the Rules of Procedure, decided to summarily reject the Referral.