Decisions from the review session held on 5 September 2019

In the review session held on 5 September 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 108/18; 2. KI 205/18 and 3. KI 67/19.
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 108/18
Applicant: Blerta Morina

The subject matter of the Referral was the constitutional review of the Decision [No. 64/14] of the Civil Registration Agency of 13 June 2018, which allegedly violates the Applicant’s fundamental rights and freedoms guaranteed by Articles 23 [Human Dignity], 24 [Equality Before the Law] and 36 [Right to Privacy] of the Constitution of the Republic of Kosovo in conjunction with Article 8 (Right to respect for private and family life) 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 the 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 to declare the Referral inadmissible, as premature, on the grounds that the lawsuit for administrative conflict filed with the Basic Court is sufficiently certain in theory and practice, and as a result, in accordance with the principle of subsidiarity, the Court must first allow the regular courts to examine the Applicant’s allegations.

2. Resolution
Case: KI 205/18
Applicant: Elmi Dragusha

The subject matter of the Referral was the constitutional review of the Decision [Pml. No. 61/2018] of the Supreme Court of the Republic of Kosovo of 16 October 2018, which allegedly violated the Applicant’s rights guaranteed by Article 31 [Right to Fair and Impartial Trial] 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] and 47 [Individual Requests] of the 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 pursuant to Rules 39 (2), (3) (b) and 59 (2) of the Rules of Procedure, decided to declare the Referral inadmissible.

3. Resolution
Case: KI 67/19
Applicant: Hajrije Rina Zhitija Ajeti

The subject matter of the Referral was the constitutional review of the Judgment [C. No. 571/18], of the Basic Court in Ferizaj of 12 November 2018, 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 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 the 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 Articles 113.1 and 113.7 of the Constitution, Article 47.2 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure, decided to declare the Referral inadmissible.