Decisions from the review session held on 22 July 2020

In the review session held on 22 July 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 56/18; 2. KI 35/20; 3. KI 47/19; 4. KI 69/19; 5. KI 185/19; 6. KI 19/20; 7. KI 20/20, KI 21/20, KI 22/20 and KI 23/20; 8. KI 27/20; 9. KI 37/20; 10. KI 64/20 and 11. KI 76/20. 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. Judgment
Case: KI 56/18
Applicant: Ahmet Frangu

The subject matter of the Referral was the constitutional review of Judgment [ARJ. UZVP. No. 67/2017], of the Supreme Court of Kosovo of 22 December 2017, in conjunction with Judgment [AA. No. 333/2017], of the Court of Appeals of Kosovo of 20 October 2017 and Judgment [A. No. 1185/2014], of the Basic Court in Prishtina of 5 June 2017. The Applicant alleged that the challenged Judgment of the Supreme Court violated his fundamental rights and freedoms, guaranteed by Articles: 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 53 [Interpretation of Human Rights Provisions] and 54 [Judicial Protection of Rights] of 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, 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 Constitutional Court, in accordance with Articles 113.7 and 116.1 of the Constitution, Articles 47 and 48 of the Law on the Constitutional Court and Rules 59 (1), 64 (2) and 66 of the Rules of Procedure, by majority of votes,

DECIDES

I. TO DECLARE the Referral admissible;

II. TO HOLD that there has been a violation of Article 36 [Right to Privacy] of the Constitution, in conjunction with Article 8 [Right to respect for private and family life] of the European Convention on Human Rights;

III. TO HOLD that there has been a violation of Article 54 [Judicial Protection of Rights] of the Constitution in conjunction with Article 13 (Right to an effective remedy) of the European Convention on Human Rights;

IV. TO DECLARE invalid the decisions, as follows:

a) Judgment [ARJ. UZVP. No. 67/2017] of the Supreme Court of 22 December 2017;
b) Judgment [AA. No. 333/2017] of the Court of Appeals of 20 October 2017;
c) Judgment [A. No. 1185/2014] of the Basic Court in Prishtina of 5 June 2017;
ç) Decisions [No. 30/2014] of 24 June 2014 and [No. 86/013] of 18 November 2013 of the Civil Registration Agency; and
d) Decision [No. 01-203-194645] of the Sector of Civil Status of the Municipality of Prishtina of 16 October 2013;

V. TO ORDER the Civil Registration Agency of the Ministry of Internal Affairs and the Sector of Civil Status of the Municipality of Prishtina that by 30 October 2020, register the death of I.F. in the Principal Death Register;

VI. TO ORDER the Civil Registration Agency of the Ministry of Internal Affairs and Sector of Civil Status of the Municipality of Prishtina to submit information to the Court, in accordance with Rule 66 (4) of the Rules of Procedure, about the measures taken to implement the Judgment of the Court;

VII. TO REMAIN seized of the matter, pending compliance with that order;

2. Resolution
Case: KI 35/20
Applicant: Ðeljalj Kazagić

The subject matter of the Referral was the constitutional review of Decision [Pzd. No. 133/2019], of the Supreme Court of Kosovo of 18 November 2019, which allegedly violated the Applicant’s rights guaranteed by Articles: 21 [General Principles], 24.1 [Equality Before the Law], 31.2 [Right to Fair and Impartial Trial] and 33.4 [The Principle of Legality and Proportionality in Criminal Cases], 54 [Judicial Protection of Rights] and 55.5 [Limitations on Fundamental Rights and Freedoms] of 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, 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 Review Panel proposed that, in accordance with Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 39 (2), 39 (3) (b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

3. Resolution
Case: KI 47/19
Applicant: Bislim Kosumi

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 5/2019], of the Supreme Court of Kosovo, of 7 February 2019, in conjunction with Judgment [Ac. No. 2584/14], of the Court of Appeals of Kosovo of 17 October 2018. The Applicant alleged that this Judgment violated his rights guaranteed by Article 3 [Equality Before the Law], Article 24 [Equality Before the Law] and Article 31 [Right to Fair and Impartial Trial] of 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, 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, and 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 and Rule 39 (2) of the Rules of Procedure, the Referral be declared inadmissible.

4. Resolution
Case: KI 69/19
Applicant: Nazim Kolukaj

The subject matter of the Referral was the constitutional review of Decision [Rev. No. 360/2018], of the Supreme Court of Kosovo of 26 November 2018, which rejected the Applicant’s request for revision filed against Decision [AC. No. 2289/2017] of the Court of Appeals of Kosovo of 23 April 2018. The Applicant alleged that this decision violated his rights and freedoms guaranteed by Article 22 [Direct Applicability of International Agreements and Instruments], Article 31 [Right to Fair and Impartial Trial] and Article 53 [Interpretation of Human Rights Provisions] of the Constitution of the Republic of Kosovo, Article 5.3 and 5.4 (Right to liberty and security) and Article 6 (Right to a fair trial) of the European Convention on Human Rights, as well as Article 14.1 of the International Covenant on Civil and Political Rights. The Applicant also alleged that the challenged decisions violated Article 182.2, point (n) of the Law on Contested Procedure.
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 Review Panel proposed that, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Article 49 the Law on the Constitutional Court, and Rule39 (1) (c) of the Rules of Procedure, the Referral be declared inadmissible.

5. Resolution
Case: KI 185/19
Applicant: Abdylhadi Petlla

The subject matter of the Referral was the constitutional review of Decision [AC-I-17-0034], of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters of 27 June 2019. The Applicant alleged that this decision violated his rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of 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, 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 Review Panel proposed that, 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, the Referral be declared inadmissible.

6. Resolution
Case: KI 19/20
Applicant: Lutfi Shantir

The subject matter of the Referral was the constitutional review of Decision [CP. No. 2739/2014] of the Basic Court in Prizren, of 27 January 2020, which allegedly violated the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 24 [Equality Before the Law] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 [Right to a fair trial] and Article 14 (Prohibition of discrimination) 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 Review Panel proposed that, in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure, the Referral be declared inadmissible.

7. Resolution
Case: KI 20/20, KI 21/20, KI 22/20 and KI 23/20
Applicant: Hazir Hakolli and 3 others

The subject matter of the Referral was the constitutional review of 4 decisions of the Supreme Court of Kosovo, rendered between 4 September 2019 and 18 January 2020, which allegedly violated the Applicants’ rights guaranteed by Article 21 [General Principles], paragraph 2 of Article 22 [Direct Applicability of International Agreements and Instruments], Article 53 [Interpretation of Human Rights Provisions] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fait trial) of the European Convention on Human Rights and Article 15 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 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 Review Panel proposed that, in accordance with paragraph 7 of Article 113 of the Constitution, Article 47 of the Law on the Constitutional Court, and Rules 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

8. Judgment
Case: KI 27/20
Applicant: Vetëvendosje Movement

The subject matter of the Referral was the constitutional review of Judgment [A.A-U.ZH. No. 16.2019] of the Supreme Court of Kosovo, of 10 October 2019, , which allegedly violated the Applicant’s rights guaranteed by Articles: 7 [Values], 21 [General Principles], 22 Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law] and 40 [Freedom of Expression] of the Constitution of the Republic of Kosovo, Articles 10 [Freedom of expression] and 14 [Prohibition of discrimination] of the European Convention on Human Rights, as well as Article 7 of the Universal Declaration of 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 Constitutional Court, in accordance with Article 113.7 of the Constitution, Articles 46 and 48 of the Law on the Constitutional Court and Rule 59 (1) of the Rules of Procedure,

DECIDES

I. TO DECLARE, unanimously, the Referral admissible;

II. TO HOLD, with majority of votes, that there has been no violation of Articles 7 [Values], 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality Before the Law], and 40 [Freedom of Expression] of the Constitution of the Republic of Kosovo, Articles 10 [Freedom of expression] and 14 [Prohibition of discrimination] of the European Convention on Human Rights, as well as Article 7 of the Universal Declaration of Human Rights;

9. Resolution
Case: KI 37/20
Applicant: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 297/2019], of the Supreme Court of Kosovo of 18 November 2019, which allegedly violated the Applicant’s rights guaranteed by Articles: 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 1 of Protocol No. 1 of the European Convention for the Protection of Human Rights.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraph 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 Review Panel proposed that, 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, the Referral be declared inadmissible.

10. Resolution
Case: KI 64/20
Applicant: Asllan Meka

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 2/2020], of the Supreme Court of Kosovo of 19 February 2020, which allegedly violated the Applicant’s rights guaranteed by Articles 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo, and Article 1 [Protection of property] of Protocol No. 1, as well as Articles 6 [Right to a fair trial] and 13 [Right to an effective remedy] 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 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rule 32 [Filing of Referrals and Replies] and 59 [Types of Decisions] 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 and Rule 39 (2) of the Rules of Procedure, the Referral be declared inadmissible.

11. Resolution
Case: KI 76/20
Applicant: Kujtim Zarari

The subject matter of the Referral was the constitutional review of Decision [AD. No. 01/2020] of the Basic Prosecution in Gjakova, of 5 February 2020 and the Notification [AD.nr. 03/2020], of the Office of the Chief State Prosecutor of 25 February 2020. The Applicant alleged that these decisions violated his rights guaranteed by Article 32 [Right to Legal Remedies] of the Constitution of the Republic of Kosovo.
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 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 Review Panel proposed that, in accordance with Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rule 39 (2) of the Rules of Procedure, the Referral be declared inadmissible.