Decisions from the review session held on 30 September 2020

In the review session held on 30 September 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 196/19; 2. KI 26/20 and 3. KI 88/20. 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 196/19
Applicant: Jetullah Deliu

The subject matter of the Referral was the constitutional review of Decision [Rev. No. 216/2019] of the Supreme Court of Kosovo, of 11 July 2019, in conjunction with Decision [Ac. No. 5367/18] of the Court of Appeals of Kosovo, of 25 February 2019 and the Decision [C. No. 1419/08], of the Basic Court in Prishtina of 13 September 2018. The Applicant alleged that these decisions violated the fundamental rights and freedoms guaranteed by Articles: 21 [General Principles], 31 [Right to Fair and Impartial Trial], 41 [Right of Access to Public Documents], 46 [Protection of Property] and 54 [Judicial Protection of Rights] 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 (Protection of property) 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, 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 Article 113.7 of the Constitution, Article 47 of the Law on the Constitutional Court, and Rule 39 (2) of the Rules of Procedure, the Referral be declared inadmissible.

2. Resolution
Case: KI 26/20
Applicant: Fatmir Kahrimani

The subject matter of the Referral was the constitutional review of Decision [Rev. No. 234/2019] of the Supreme Court of Kosovo of 22 August 2019, in conjunction with Decision [Ac. No. 135/17] of the Court of Appeals of Kosovo, of 23 April 2019 and Decision [C. No. 723/16], of the Basic Court in Peja of 8 December 2016. The Applicant alleged that these decision violated his fundamental rights and freedoms guaranteed by Articles: 23 [Human Dignity], 24 [Equality Before the Law] and 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, in conjunction with Article 6 of the European Convention on Human Rights, and Article 49 [Right to Work and Exercise Profession] of the Constitution.
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 Article 113.7 of the Constitution, Article 47 of the Law on the Constitutional Court, and Rule 39 (2) of the Rules of Procedure, the Referral be declared inadmissible.

3. Resolution
Case: KI 88/20
Applicant: Football Club “Liria”

The subject matter of the Referral was the constitutional review of Decision (272/2), of the Executive Committee of the Football Federation of Kosovo of 2 June 2020, which allegedly violated the Applicant’s fundamental rights and freedoms guaranteed by Article 7 [Values] and Article 32 [Right to Legal Remedies] of the Constitution of the Republic of Kosovo.
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 Review Panel proposed that, in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court, and Rule 39 (1) (b) of the Rules of Procedure, the Referral be declared inadmissible.