Decisions from the review session held on 22 January 2020

In the review session held on 22 January 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 175/18; 2. KI 189/18 and 3. KO 197/19.
Below you can read the brief summary 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 175/18
Applicant: Fllanza Kadiu

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 181/2018] of the Supreme Court of Kosovo of 13 June 2018, which allegedly violated the Applicant’s rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 7 [Values], 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 53 [Interpretation of Human Rights Provisions] of the Constitution of the Republic of Kosovo, and Article 6 [Right to a fair trial) of the European Convention for the Protection of 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] 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 32 (6) and 39 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI 189/18
Applicant: Osman Mazreku

The subject matter of the Referral was the constitutional review of the Judgment [Ac. No. 3034/18] of the Court of Appeals of Kosovo, of 6 September 2018, which allegedly violated the Applicant’s 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 (Right to a fair trial) of the European Convention for the Protection of Human Rights.
The Referral was based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 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 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.

3. Resolution
Case: KO 197/19
Applicant: Judges of the Serious Crimes Department, Basic Court in Prishtina

The subject matter of the Referral was the constitutional review of Article 42, paragraph 4, of Law No. 06/L-054 on Courts, which was allegedly in violation of 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.
The Referral was based on Article 113.8 of the Constitution, Articles 51, 52 and 53 of Law No. 03/L-121 on the Constitutional Court, and Rule 77 of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 113.8 of the Constitution, Articles 20 and 51 of the Law on the Constitutional Court and Rules 39 (1) (a) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.