Decisions from the review session held on 23 July 2019

In the review session held on 23 July 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 160/18; 2. KI 184/18; 3. KI 192/18; 4. KI 195/18; 5. KI 25/19 and 27/19; and 6. KI 70/19. 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 160/18
Applicant: Interpress R. Company

The subject matter was the constitutional review of Decision Rev. No. 163/2018 of the Supreme Court of Kosovo of 4 May 2018, which allegedly violated the Applicant Company the rights guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, in conjunction with Article 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, Articles 47 and 48 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 declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility requirements established in Article 113.7 of the Constitution, in conjunction with Rule 39 (2) and 59 (2) of the Rules of Procedure.

2. Resolution
Case: KI 184/18
Applicant: Ilir Gashi

The subject matter was the constitutional review of Decision [Ac. No. 2783/18], of the Court of Appeals of Kosovo of 18 September 2018, which allegedly violated the Applicant’s rights 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 on Human Rights.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 47 and 48 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 declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility requirements established in Article 113.7 of the Constitution, in conjunction with Rule 39 (2) of the Rules of Procedure.

3. Resolution
Case: KI 192/18
Applicant: Kosovo Energy Distribution and Power Supply Company, “KEDS” j.s.c.

The subject matter was the constitutional review of Decision Ac. No. 3208/18 of the Court of Appeals of Kosovo of 12 November 2018, which allegedly violated the Applicant’s 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 the 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 declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility requirements established in Article 113.7 of the Constitution, in conjunction with Rule 39 (2) of the Rules of Procedure.

4. Resolution
Case: KI 195/18
Applicant: Afrim Haxha

The subject matter was the constitutional review of Judgment [PAKR. No. 468/18] of 14 November 2018, of the Court of Appeals of the Republic of Kosovo, in conjunction with Judgment [P. No. 120/2015] of 26 July 2018, of the Basic Court in Mitrovica. The Applicant has not accurately clarified what fundamental rights and freedoms he claims to have been violated by the challenged judgment.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and the Authorized Parties] of the Constitution of the Republic of Kosovo, 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 dismissed the Referral in accordance with Articles 113.1 and 113.7 of the Constitution, Article 47 of the Law on the Constitutional Court and Rule 35 (4) of the Rules of Procedure.

5. Resolution
Case: KI25/19 and KI27/19
Applicant: Hysen Manxholli and Bajram Dajaku

The subject matter of the Referrals was the constitutional review of the decisions of the Supreme Court of Kosovo, Rev. No. 239/2018 of 3 September 2018 and Rev. No. 147/2018 of 7 May 2018, which allegedly violated the Applicants’ rights guaranteed by Articles 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 53 [Interpretation of Human Rights Provisions] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, Article 6 (Right to a fair trial) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 15 of the Universal Declaration of Human Rights.
The Referrals were based on paragraph 7 of Article 113 [Jurisdiction and the 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 declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility requirements established in Article 113.7 of the Constitution, Article 20 of the Law on Constitutional Court, and Rules 39 (2) and 59 (2) of the Rules of Procedure.

6. Resolution
Case: KI 70/19
Applicant: Lorenc Kolgjeraj

The subject matter of the case was the constitutional review of Decision PPP. No. 267/2017 of the Basic Court in Prizren, of 15 April 2019, which rejected the request for revision of the Applicant against Decision [Ac. No. 5107/2018], of the Court of Appeals of Kosovo of 8 March 2019, and all other decisions related to his case. The Applicant did not explicitly specify what rights and fundamental freedoms guaranteed by the Constitution of the Republic of Kosovo he claims to have been violated by the challenged decision.
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] of the Law on 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 rejected the Referral in accordance with Article 113.7 of the Constitution, Articles 47 and 48 of the Law on the Constitutional Court, and Rule 35 (5) of the Rules of Procedure.