Decisions from the review session held on 25 September 2019

In the review session held on 25 September 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 69/18; 2. KI 127/18; 3. KI 155/18; 4. 24/19; 5. KI 52/19; 6. KI 64/19 and 7. KI 72/19. 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 69/18
Applicant: N.T.SH „Dilloni Benz“

The subject matter of the Referral was the constitutional review of the Decision [PN-II-10/2017], of the Supreme Court of Kosovo of 13 October 2017, which allegedly violated the Applicant’s rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 32 [Right to Legal Remedies] of the Constitution of the Republic of Kosovo.
The Referral was based on Articles 21.4 and 113.7 of the Constitution, Article 47 of Law on the Constitutional Court (No. 03/L-121) and Rule 32 of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 113.7 of the Constitution, Article 49 of the Law on Constitutional Court and Rule 39 (1) (c) of the Rules of Procedure, decided to declare the Referral inadmissible.

2. Resolution
Case: KI 127/18
Applicant: Tush Kolgjeraj

The subject matter of the Referral was the constitutional review of the Decision [PN. No. 825/17], of the Court of Appeals of Kosovo of 6 October 2017, which allegedly violated the Applicant’s rights guaranteed by Article 24 [Equality Before the Law], Article 27 [Prohibition of Torture, Cruel, Inhuman or Degrading Treatment] and Article 29 [Right to Liberty and Security] 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 on the Constitutional Court (No. 03/L-121) and Rule 31 [Initiation of proceedings] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 113.7 of the Constitution, Article 49 of the Law on Constitutional Court and Rule 39 (1) (c) of the Rules of Procedure, decided to declare the Referral inadmissible.

3. Resolution
Case: KI 155/18
Applicant: Benson Buza

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 63/2018], of the Supreme Court of the Republic of Kosovo of 4 June 2018, in conjunction with the Judgment [PA1. No. 1192/2017], of the Court of Appeals of 15 January 2018, and the Judgment [P. No. 1750/2015], of the Basic Court in Prizren of 14 September 2017. The Applicant alleged that the Judgment of the Supreme Court violated his fundamental rights and freedoms guaranteed by Articles 31 [Right to Fair and Impartial Trial], Article 32 [Right to Legal Remedies], 33 [The Principle of Legality and Proportionality in Criminal Cases] of the Constitution of the Republic of Kosovo and by 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 22 [Processing Referrals] and 47 [Individual Requests] of 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, in accordance with Article 113.7 of the Constitution, Article 47 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure, decided that the Referral is inadmissible.

4. Resolution
Case: KI 24/19
Applicant: Valon Miftari

The subject matter of the Referral was the constitutional review of the Decision [Rev. No. 276/18], of the Supreme Court of 10 September 2018, which allegedly violated the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo and 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 22 [Processing Referrals] and 47 [Individual Requests] of 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, 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 to declare the Referral inadmissible.

5. Resolution
Case: KI 52/19
Applicant: Drilon Sadriu

The subject matter of the Referral was the constitutional review of the Decision [REV. No. 6/2019], of the Supreme Court of 7 February 2019, in conjunction with the Judgment [AC. No. 2101/14], of the Court of Appeals of 16 October 2014, and by the Judgment [C. No. 179/11], of the Basic Court in Gjilan-Branch in Viti of 15 April 2014. The Applicant alleged that this Decision violated the rights and freedoms guaranteed by Article 24 [Equality Before the Law] and Article 31 [Right to a Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, as well as by Article 10 (Freedom of expression) of the European Convention on Human Rights.
The Referral was based on Article 113.7 of the Constitution, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law on the Constitutional Court (No. 03/L-121) and Rules 32 [Filing of Referrals and Replies] and 56 [Request for Interim Measures] 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 to declare the Referral inadmissible.

6. Decision
Case: KI 64/19
Applicant: Ejup Koci

The subject matter was the constitutional review of the Applicant’s Referral, for the withdrawal of the submission for the constitutional review of the Decision [C. No. 204/2015], of the Basic Court in Mitrovica of 27 April 2017, which allegedly violated the Applicant’s rights guaranteed by Article 21 [General Principles], Article 22 [Direct Applicability of International Agreements and Instruments], Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 46 [Protection of Property], Article 54 [Judicial Protection of the Rights] of the Constitution of the Republic of Kosovo and 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 22 [Processing Referrals] and 47 [Individual Requests] of 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, in accordance with Article 23 of the Law on the Constitutional Court and Rule 35 of the Rules of Procedure, decided to approve the Applicant’s request for withdrawal of the Referral.

7. Decision
Case: KI 72/19
Applicant: Amir Hamza

The subject matter of the Referral was the constitutional review of unspecified acts of public authorities. The Applicant did not accurately specify in his Referral what fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo were violated by an act of a public authority.
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 on the Constitutional Court (No. 03/L-121) and Rule 32 [Filing of Referrals and Replies] and 35 [Withdrawal, Dismissal and Rejection of Referrals] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to Article 113.7 of the Constitution and in accordance with Rule 35 (5) of the Rules of Procedure, decided to summarily reject the Referral.