Decisions from the review session held on 27 November 2019

In the review session held on 27 November 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 130/19; 2. KI 28/19 and 3. KI 68/19.
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 130/19
Applicant: Fahri Mati

The subject matter of the Referral was the constitutional review of the Decision [E. Rev. No. 19/2019] of the Supreme Court of Kosovo of 8 May 2019, 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, as well as Article 6 (Right to a fair trial] and Article 13 [Right to an effective remedy] of the European Convention on Human Rights.
The Referral was based on Article 113.7 of the Constitution, Article 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 of the Constitution, Article 20 of the Law on the Constitutional Court and pursuant to Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI 28/19
Applicant: Lutfi Morina

The subject matter of the Referral was the constitutional review of Decision [Ac. No. 4035/18] of the Court of Appeals of Kosovo of 5 October 2018, which allegedly violated the Applicant’s rights guaranteed by Articles 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 20, 47 and 48 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 of the Constitution, Article 20 of the Law on the Constitutional Court and pursuant to Rules 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Resolution
Case: KI 68/19
Applicant: Antigona Gerqari

The subject matter of the Referral was the constitutional review of the Decision of the Senate of the University of Prishtina “Hasan Prishtina”, Nr. 677, of 19 March 2019, regarding the rejection of the Applicant’s appeal for election for “Assistant Professor” at the Faculty of Medicine.
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, Articles 20 and 47 of the Law on the Constitutional Court, and Rules 39 (1) (b) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.