Decisions from the review session held on 27 May 2020

In the review session held on 27 May 2020, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 36/20; 2. KI 04/20; 3. KI 41/20 and 4. KI 133/19. 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 36/20
Applicant: Limak Kosovo International Airport J.S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 10/2018] of the Supreme Court of Kosovo, of 16 October 2018, 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, in conjunction with 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 Court, 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, decided that the Referral is inadmissible.

2. Decision
Case: KI 04/20
Applicant: Lulzim Sadiku

The subject matter of the Referral was the constitutional review of “the alleged Judgment [PAKR. No. 494/16], of the Court of Appeals of Kosovo of 11 November 2016“, which found the Applicant guilty. In his Referral, the Applicant did not specify what rights guaranteed by the Constitution were violated by this 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, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 113.1 of the Constitution, Articles 22.4 and 48 of the Law on the Constitutional Court, and Rules 32 (2) (h) and 35 (5) of the Rules of Procedure, decided to reject the Referral.

3. Resolution
Case: KI 41/20
Applicant: Shaqir Krasniqi

The subject matter of the Referral was the constitutional review of Judgment [C. No. 865/09], of the Basic Court in Gjakova of 16 May 2016, which allegedly violated the Applicant’s rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 of the European Convention for the Protection of Human Rights.
The Referral was based on paragraphs 1 and 7 of Article 113 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, in accordance with Article 113.7 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 133/19
Applicant: Nysret Tafili

The subject matter of the Referral was the constitutional review of Judgment [Rev. No. 204/2019], of the Supreme Court of Kosovo of 25 July 2019, which allegedly violated the Applicant’s 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 for the Protection 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 Court, 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, decided that the Referral is inadmissible.