Decisions from the review session held on 9 December 2020

In the review session held on 9 December 2020, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 144/18; 2. KO 50/19 and 3. KI 230/19. 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. Case: KI 144/18
Applicant: Jashar Krasniqi

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 198/2018], of the Supreme Court of Kosovo of 2 July 2018, in conjunction with the Judgment [Ac. No. 4148/14] of the Court of Appeals of Kosovo of 28 March 2018, the Decision [Ac. No. 3011/2012] of the Court of Appeals of Kosovo of 6 June 2013, the Decision [C1. No. 425/2003] of the Municipal Court of Prishtina of 6 January 2005, the Decision [C1. No. 408/2003] of the Municipal Court of Prishtina of 23 March 2006 and the Decision [No. 819/03] of the University of Prishtina, Faculty of Mathematical-Natural Sciences of 13 October 2003. The Applicant alleged that the challenged decisions violated his right to fair and impartial trial, as well as his right to work.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution of the Republic of Kosovo, 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 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.

2. Case: KO 50/19
Applicant: The Supreme Court of the Republic of Kosovo

The subject matter of the Referral was the constitutional review of Article 5 paragraph 2, Article 7 paragraphs 3, 4 and 5 of Law No. 04/L-140 on Extended Powers for Confiscation of Assets Acquired by Criminal Offense and Article 19 paragraph 1 subparagraph 1, paragraph 2 subparagraph 1, as well as paragraphs 7 and 8 of Law No. 06/L-087 on Extended Powers for Confiscation of Assets, which were allegedly in violation of Article 30 [Rights of the Accused] of the Constitution of the Republic of Kosovo.
The Referral was based on paragraph 8 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 51 [Accuracy of referral], 52 [Procedure before a court] and 53 [Decision] of Law No. 03/L-121 on the Constitutional Court, as well as Rule 77 [Referral pursuant to Article 113.8 of the Constitution and Articles 51, 52 and 53 of the Law] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, in accordance with Article 113.8 of the Constitution, Article 20 of the Law on the Constitutional Court and Rules 59 (2) and 77 of the Rules of Procedure, the Referral be declared inadmissible.

3. Case: KI 230/19
Applicant: Albert Rakipi

The subject matter of the Referral was the constitutional review of the Judgment [Pml. No. 253/2019], of the Supreme Court of Kosovo of 30 September 2019, in conjunction with the Judgment [PAKR. No. 528/2018], of the Court of Appeals of Kosovo, Serious Crimes Department of 16 April 2019, and with the Judgment [PKR. No. 432/15] of the Basic Court in Prishtina, Serious Crimes Department of 18 December 2017. The Applicant alleged that the challenged decision violated his 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 and Article 10 of the Universal Declaration of Human Rights.
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 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 Court, in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 59 (1) (a) of the Rules of Procedure,

DECIDES

I. TO DECLARE by majority of votes the Referral admissible;

II. TO HOLD by majority of votes that there has been a violation of Article 31 of the Constitution in conjunction with Article 6 of the ECHR, as a result of non-reasoning of the court decision regarding the Applicant’s allegation of qualification as an official person;

III. TO DECLARE Judgment Pml. No. 253/2019, of the Supreme Court of 30 September 2019 regarding the Applicant invalid;

IV. TO REMAND Judgment Pml. No. 253/2019 of the Supreme Court of 30 September 2019, for retrial in accordance with the findings of this Judgment of the Constitutional Court;

V. TO ORDER the Supreme Court to notify the Constitutional Court as soon as possible, but not later than 30 April 2021, about the measures taken to implement the Judgment of the Court, in accordance with Rule 66 (5) of the Rules of Procedure;

VI. TO REMAIN seized of matter pending implementation of this Judgment;

VII. TO REJECT the Applicant’s request for holding a hearing;