Decisions from the review session held on 7 October 2020

In the review session held on 7 October 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 26/19; 2. KI 45/19; 3. KI 106/19; 4. KI 135/19 and 5. KI 242/19. 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 26/19
Applicant: Xhavit Thaqi

The subject matter of the Referral was the constitutional review of Decision [Ac. No. 3480], of the Court of Appeals of Kosovo of 24 September 2018, as well as two Notifications of the Chief State Prosecutor Office [KMLC. No. 162/2018], of 14 November 2018 and 3 December 2018. The Applicant alleged that these acts violated human rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, and Article 6 (Right to a fair trial), Article 13 (Right to an effective remedy) and Article 14 (Prohibition of discrimination) of the European Convention on 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, Article 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 paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 47.2 of the Law on the Constitutional Court, and Rules 39 (1) (b), 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

2. Resolution
Case: KI 45/19
Applicant: Municipality of Vushtrri

The subject matter of the Referral was the constitutional review of the Judgment of the Court of Appeals of Kosovo [Ac. No. 4858/2018], of 19 February 2019, which allegedly violated the Applicant’s rights guaranteed by Article 24 [Equality Before the Law] and Article 44 [Freedom of Association] of the Constitution of the Republic of Kosovo.
The Referral was based on paragraph 4 of Article 21 [General Principles] and paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as on Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, 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, the Referral be declared inadmissible.

3. Resolution
Case: KI 106/19
Applicant: Mark Nikolla

The subject matter of the Referral was the constitutional review of the Decision [Ac. No. 496/18] of 20 March 2019, in conjunction with the Order [P. No. 364/14], of the Private Enforcement Agent of 12 January 2018. The Applicant alleged that the challenged decision violated his rights guaranteed by Article 3 [Equality Before the Law] 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 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, as well as Rules 32 [Filing of Referrals and Replies] and 59 [Types of decisions] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, 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, the Referral be declared inadmissible.

4. Resolution
Case: KI 135/19
Applicant: Shkodran Hashani

The subject matter of the Referral was the constitutional review of the Judgment [Ac. No. 2469/15] of the Court of Appeals of Kosovo, of 4 July 2019, in conjunction with the Judgment [C. No. 520/09], of the Basic Court in Prishtina of 9 December 2014. The Applicant alleged that the challenged decision violated his 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, Article 22 [Processing Referrals] 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 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, the Referral be declared inadmissible.

5. Decision
Case: KI 242/19
Applicant: Bejtush Isufi, as the alleged representative of Company R.I.GMBH

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-13-0067-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 22 August 2019, which allegedly violated the fundamental rights and freedoms of Company R.I. GMBH protected by 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 Law No. 03 L-121 on the Constitutional Court, as well as 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 22.4 and 47.1 of the Law on the Constitutional Court and Rule 35 (5) of the Rules of Procedure, the Referral be rejected.