Decisions from the review session held on 25 November 2020

In the review session held on 25 November 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 34/19; 2. KI 08/20; 3. KI 90/20; 4. KI 111/20; 5. KI 194/19 and 6. KI 237/19 and KI 238/19. Below you can read the brief summaries of 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. Case: KI 34/19
Applicant: Qamil Lupçi

The subject matter of the Referral was the constitutional review of the Judgment [ARJ-UZVP. No. 66/2018] of the Supreme Court of Kosovo of 5 December 2018, whereby the Applicant alleged that his 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 [Right to a fair trial] of the European Convention on Human Rights have been violated.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 20 [Decisions] and 22 [Processing Referrals] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that the Referral is inadmissible, as manifestly ill-founded, and that the request for a hearing be rejected in accordance with Article 113.1 and 113.7 of the Constitution, Articles 20 and 48 of the Law on the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure.

2. Case: KI 08/20
Applicant: Naser Husaj

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 465/2019], of the Supreme Court of Kosovo of 11 December 2019, in conjunction with the Judgment [Ac. No. 2740/13], of the Court of Appeals of Kosovo of 30 October 2015 and Judgment [C. No. 21/10], of the Basic Court in Peja of 19 June 2013. The Applicant alleged that the challenged Judgment violated his fundamental rights and freedoms guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo and Article 6 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, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that the Referral is inadmissible, as manifestly ill-founded, and that the request for a hearing be rejected in accordance with Articles 113.1 and 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rules 39 (2) and 59 (2) of the Rules of Procedure.

3. Case: KI 90/20
Applicant: Arben Boletini

The subject matter of the Referral was the constitutional review of the Judgment [P. No. 4333/19] of the Basic Court in Prishtina, of 26 November 2019, whereby the Applicant alleged that his fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo have been violated, although he did not accurately clarify what fundamental rights and freedoms have been violated.
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, as well as 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 113.1 and 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rules 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.

4. Case: KI 111/20
Applicant: Elez Elezi

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 48/2020] of the Supreme Court of Kosovo of 27 May 2020, in conjunction with the Judgment [PAKR. No. 144/2019] of the Court of Appeals of Kosovo, of 9 July 2019 and with the Judgment [PKR. No. 111/2016] of the Basic Court in Gjilan, Department for Serious Crimes, of 21 February 2019. In his Referral, the Applicant alleged that, the challenged decisions violated his fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] of Constitution of the Republic of Kosovo. The Applicant also requested that his identity be not disclosed in the proceedings before the Constitutional Court.
The Referral was based on paragraphs 1 and 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, as well as 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 the Referral is inadmissible, as manifestly ill-founded, and that the request for interim measure be rejected, in accordance with Article 113.1 and 113.7 of the Constitution, Articles 20, 27 and 48 of the Law on the Constitutional Court and Rules 39 (2), 57 and 59 (2) of the Rules of Procedure.

5. Case: KI 194/19
Applicant: Fadil Ibrahimi

The subject matter of the Referral was the constitutional review of the Decision [157/19] of the Ministry of Justice of 22 August 2019, regarding the rejection of the Applicant’s request for compensation of the capitalized life annuity. The Applicant has not accurately clarified what fundamental rights and 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] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that the Referral be rejected, in accordance with Article 113.1 and 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rules 35 (5) and 59 (3) of the Rules of Procedure.

6. Case: KI 237/19 and KI 238/19
Applicant: Ekzon Keka and Muhamet Thaçi

The subject matter of the Referral was the constitutional review of the Judgment [Pn. II. 8/2019], of the Supreme Court of Kosovo of 17 October 2019, in conjunction with the Decision [Pml. No. 259/2018] of the Supreme Court of Kosovo, of 5 November 2018 and the Judgment [PA1. No. 748/2018] of the Court of Appeals of Kosovo, of 13 August 2018. In the submitted Referrals, the Applicants alleged that the challenged decision violated their 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 on Human Rights. The Applicants also requested the imposition of an interim measure to suspend the execution of imprisonment sentence until the final decision of the Constitutional Court.
The Referrals were 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, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that the Referral is inadmissible, pursuant to Article 113.7 of the Constitution, Articles 20 and 27 of the Law on the Constitutional Court and Rules 35 (4) and 39 (2), 57, and 59 (2) of the Rules of Procedure.