Decisions from the review session held on 23 September 2020

In the review session held on 23 September 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 15/19; 2. KI 10/20 and 3. KI 71/20. 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 15/19
Applicant: Shemsi Ferizi

The subject matter of the Referral was the constitutional review of Judgment [NJN. No. 157/2017] of the Basic Court in Prishtina, of 13 April 2018, which allegedly violated the Applicant’s fundamental rights and freedoms 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 6.1 (Right to a fair trial) of the European Convention on Human Rights and Article 2 of Protocol No. 7 (Right of appeal in criminal matters) of the European Convention on Human Rights. The Applicant also alleged a violation of Articles 8 and 11 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 Review Panel proposed that, in accordance with paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20, 47 and 48 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.

2. Resolution
Case: KI 10/20
Applicant: Regional Water-Supply Company “Hidroregjioni Jugor” J. S.C. – Unit Malësia e Re Prizren

The subject matter of the Referral was the constitutional review of Decision [Ac. No. 4254/19] of the Court of Appeals of Kosovo, of 28 October 2019, in conjunction with Order [P. No. 1694/2018], of the Private Enforcement Agent of 19 December 2019, which allegedly violated the Applicant’s fundamental rights and freedoms guaranteed by Articles: 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 53 [Interpretation of Human Rights Provisions], 54 [Judicial Protection of Rights] and 102 [General Principles of the Judicial System] 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 paragraph 4 of Article 21 [General Principles] and 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 Rules 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 and Article 21.4 of the Constitution, and Rules 39 (2), 57 (5) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

3. Resolution
Case: KI 71/20
Applicant: Etem Arifi

The subject matter of the Referral was the constitutional review of Judgment [Pml. No. 380/2019], of the Supreme Court of Kosovo of 30 January 2020, which rejected as ungrounded the request for protection of legality of the Applicant, filed against the Judgment [PKR. No. 740/2016], of the Basic Court in Prishtina of 20 April 2018 and the Judgment [PAKR. No. 328/19], of the Court of Appeals of Kosovo of 20 August 2019. The Applicant alleged that the challenged Judgment violated his 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 for the Protection of Human Rights. The Applicant requested the Court to impose an interim measure stating that: “We are close to the date which is set for the Applicant to appear in the correctional institution for serving the sentence, which is 04.05.2020. The imposition of an interim measure by the Constitutional Court is necessary and vital for the Applicant”.
The Referral was based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], 27 [Interim Measures] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rules 32 [Filing of Referrals and Replies] and 56 [Request for Interim Measures] 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 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.