Decisions from the review session held on 7 November 2019

In the review session held on 7 November 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the referrals: 1. KI76/19; 2. KI81/19; 3. KI82/19; 4. KI84/19; 5. KI99/19; 6. KI112/19; 7. KI102/19; 8. KI109/18 and 9. KI129/19. Below you can read the brief summaries of the decisions of the Court (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: KI76/19
Applicants: A. C., D. C. and F. C.

The subject matter of the Referral was the constitutional review of the Judgment [Rev.no.48/2019] of the Supreme Court of 27 March 2019, the Judgment [Ac.no.3488/2014] of the Court of Appeals of 14 November 2018 and the Judgment [C.no.1851/08] of the Basic Court of 15 April 2014. The Applicants alleged that these judgments violated their rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 41 (Just satisfaction) 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 the Law on the Constitutional Court (No.03/L-121) and Rule 32 (6) of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 32 (6), 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

2. Resolution
Case: KI81/19
Applicant: Skender Podrimqaku

The subject matter of the referral was the constitutional review of the Decision [AC-I-19-0007] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters of 14 March 2019 which, as alleged by the Applicant, has violated his rights guaranteed by Articles 10 [Economy], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 46 [Protection of Property], 53 [Interpretation of Human Rights Provisions] and 54 [Judicial Protection of Rights] 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, Article 22 [Processing Referrals] 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, pursuant to Article 113.7 of the Constitution, Articles 20 and 27.1 of the Law on the Constitutional Court and Rules 39 (2), 57 (4) (a) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

3. Decision
Case: KI82/19
Applicant: Izet Ahmetxhekaj

The subject matter of the Referral was the constitutional review of the Judgment [A.no.664/2010] of the Supreme Court of Kosovo of 29 March 2011 and the Judgment [C.no.96/016] of the Basic Court in Peja, branch in Istog, of 15 April 2019 which, as alleged by the Applicant, violated his rights guaranteed by Articles 49 [Right to Work and Exercise Profession] and 54 [Judicial Protection of Rights] 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, pursuant to Article 113.7 of the Constitution, Article 23 of the Law on the Constitutional Court and in accordance with Rule 35 of the Rules of Procedure, decided to grant the request for withdrawal of the Referral no. KI 82/19.

4. Resolution
Case: KI84/19
Applicant: Merita Ramadani

The subject matter of the Referral was the constitutional review of the Decision [Ae. no. 279/18] of the Court of Appeals of 30 January 2019 which, as alleged by the Applicant, violated her constitutional rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, as well as the rights guaranteed by Article 6 (Right to a fair trial) 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 the Law on the Constitutional Court (No.03/L-121) and Rule 32 (6) [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to Article 113.7 of the Constitution, Article 49 of the Law on the Constitutional Court and Rules 32 (6), 39 (1) (c), 39 (3) (b) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.

5. Resolution
Case: KI99/19
Applicant: Persa Raičević

The subject matter of the Referral was the constitutional review of the Decision [AC-1-16-0038] of the Appellate Panel of Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters of 2 May 2019 and the Judgment [C-IV-13-1641] of the Specialized Panel of the Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters of 9 October 2015. The Applicant alleged that these decisions violated her fundamental rights and freedoms guaranteed by Articles 7 [Values], 31 [Right to Fair and Impartial Trial], 46 [Protection of Property], 49 [Right to Work and Exercise Profession], 51 [ Health and Social Protection], 156 [Refugees and Internally Displaced Persons] of the Constitution of the Republic of Kosovo; Articles 6 (Right to a fair trial) and 14 (Prohibition of discrimination) of the European Convention on Human Rights; Articles 1, 2 and 8 of the European Social Charter and Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women.
The Referral was based on paragraphs 1 and 7 of Article 113 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, pursuant to 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 that the Referral is inadmissible.

6. Resolution
Case: KI112/19
Applicant: Ilir Kabashi

The subject matter of the Referral was the constitutional review of the Decision [Rev.no.47/2019] of the Supreme Court of Kosovo of 12 March 2019 which, as alleged by the Applicant, violated his rights guaranteed by Article 31 [Right to Fair and Impartial Trial] 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 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, pursuant to Article 113.7 of the Constitution, Article 49 of the Law on the Constitutional Court and Rule 39 (1) (c) of the Rules of Procedure, decided that the Referral is inadmissible.

7. Decision
Case: KI102/19
Applicant: Bedri Gashi

The subject matter of the Referral was the constitutional review of the Resolution on Inadmissibility of the Constitutional Court of the Republic of Kosovo (no.KI 174/18) of 7 May 2019, which concerns three letters of the Office of Disciplinary Counsel which, as alleged by the Applicant, due to “unprofessional conduct” of the Judge H.G. have deliberately violated the constitutional rights of his clients, guaranteed by Articles 24 [Equality before the Law], 31 [Right to Fair and Impartial trial] ] and 46 [Protection of Property] 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 47 and 48 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, pursuant to Article 116.1 of the Constitution, Article 20 of the Law on the Constitutional Court and Rule 35 (5) of the Rules of Procedure, decided to summarily reject the Referral.

8. Resolution
Case: KI109/18
Applicants: Limak Kosovo International Airport J. S. C. “Adem Jashari”

The subject matter of the Referral was the constitutional review of the Judgment [Rev.no.54/2018] of the Supreme Court of Kosovo of 12 April 2018 which, as alleged by the Applicant, violated its rights guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 32 [Right to Legal Remedy] of the Constitution of the Republic of Kosovo as well as Article 6 (Right to a fair trial) 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 Request] of the Law on the Court 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, pursuant to 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 that the Referral is inadmissible.

9. Resolution
Case: KI129/19
Applicant: Ramadan Koçinaj

The subject matter of the Referral was the constitutional review of the Judgment [Rev.no.78/2019] of the Supreme Court of Kosovo of 20 March 2019 by which the Applicant’s revision, submitted against the Judgment [Ac. no. 3192/2016] of the Court of Appeals of Kosovo of 15 November 2018, was rejected as unfounded. The Applicant alleged that the Judgment of the Supreme Court violated his rights 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.
The Referral was based on paragraph 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), as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, pursuant to Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 32 (6), 39 (2) and 59 (2) of the Rules of Procedure, decided that the Referral is inadmissible.