Decisions published during May 2023
09.06.2023In May 2023, the Constitutional Court:
• reviewed 22 cases;
• rendered decisions for 22 cases;
• published 37 decisions;
On the website of the Court have been published: four (4) Judgments, thirty-one (3) Resolutions on Inadmissibility and two (2) Decisions.
Judgments
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1. KI67/22
Applicant: Zeqirja Prebreza
Published on: 10 May 2023
The Court assessed the constitutionality of the Judgment [CA. No. 1343/2021] of 29 December 2021, of the Court of Appeals of Kosovo. The Court found that in the appeal submitted to the Court of Appeals by the Energy Corporation of Kosovo, the Applicant submitted a response to the appeal. However, the Judgment of the Court of Appeals did not examine the latter, moreover, it concluded that such a thing was not presented by the relevant applicant. Therefore, the Court decided that the Court of Appeals, due to the failure to consider the response to the appeal, failed to guarantee the application of the principle of “equality of arms” and the procedural “principle of adversariality”, because the Applicant, as a party to the proceedings, has been put at a significant disadvantage vis-à-vis the opposing party, and as a result has been deprived of the opportunity to have a real and substantive confrontation with the arguments and allegations presented by the opposing party.
You can read the full text of the Judgment and the summary in the two official languages of the Republic of Kosovo, and in English, by clicking here
2. KI41/22
Applicant: Shkumbin Qehaja
Published on: 16 May 2023
The Court assessed the constitutionality of the Judgment [AC-I-21-0867-A001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo, of 10 March 2022. The Court found that, the challenged Judgment of the Appellate Panel of the Special Chamber of the Supreme Court was rendered in violation of the guarantees embodied in paragraph 2 of Article 31 of the Constitution, in conjunction with paragraph 1 of Article 6 of the European Convention on Human Rights, in terms of the right to a hearing, among others, because (i) the Applicant has expressly requested that, if deemed necessary for further clarifications, a public hearing be held before the Appellate Panel of the Special Chamber of the Supreme Court, thus creating the obligation for this Panel to address the necessity of holding the hearing, an obligation which, in fact, the Special Chamber of the Supreme Court, based on the applicable law, also has ex-officio; and that (ii) the Appellate Panel of the Special Chamber of the Supreme Court did not deal with “exclusively legal or technical issues”, based on which there could have existed “extraordinary circumstances justifying the absence of a hearing” in two of decision-making instances within the Special Chamber of the Supreme Court.
You can read the full text of the Judgment and the summary in the two official languages of the Republic of Kosovo, and in English, by clicking here
3. KI85/22
Applicant: Jadran Kostić
Published on: 23 May 2023
The Court assessed the constitutionality of the Decision of the Basic Court in Ferizaj [2022:19820] of 17 May 2022 and the Decision of the Court of Appeals of Kosovo [Pn1 No. 704/2022], of 31 May 2022. The Court found that, in relation to the extension of the Applicant’s detention on remand, the Court of Appeals upheld the position of the Basic Court for the extension of detention, but did not address the Applicant’s specific and substantive allegation raised in his complaint before this court, namely it did not give response if the extension of his detention for more than four (4) months before the indictment was filed, for a criminal offense punishable up to five (5) years, was contrary to Article 190 (Time Limits for Detention on Remand) of the Criminal Procedure Code. The Court emphasized that the failure to address such a substantive allegation related to the constitutional guarantees for liberty and security of the Applicant by the Court of Appeals, when assessing the legality of the extension of his detention in the proceedings before the indictment was filed, is not in accordance with Article 29 of the Constitution and with the principles and standards established by the European Court of Human Rights.
You can read the full text of the Judgment and the summary in the two official languages of the Republic of Kosovo, and in English, by clicking here
4. KI69/21
Applicant: Partia Rome e Bashkuar e Kosovës (PREBK) and Partia Liberale Egjiptiane (PLE)
Published on: 31 May 2023
The Court assessed the constitutionality of the Judgment of the Supreme Court of the Republic of Kosovo [AA. no. 29/2021], of 12 March 2021. In relation to the main issue that the referral entailed, which was related to whether the votes of the citizens of the Republic of Kosovo could be annulled/declared invalid based on their alleged ethnicity, the Court found that (i) pursuant to paragraph 2 of Article 45 of the Constitution of the Republic of Kosovo, the vote is personal, equal, free and secret; (ii) pursuant to paragraph 2 of Article 64 of the Constitution, regardless of the number of seats won, twenty (20) seats in the Assembly of the Republic of Kosovo belong to communities that are not in the majority in the manner specified in this article; (iii) The Constitution, the international instruments specified in its Article 22 [Direct Applicability of International Agreements and Instruments], the case law of the ECtHR and Law on General Elections, in the context of active electoral rights, do not include the obligation for the voters to vote only for parties, coalitions, citizens’ initiatives and independent candidates having declared themselves of representing the community they represent and in the context of passive electoral rights, neither the guaranteed seats in the Assembly of Kosovo for parties, coalitions, citizens’ initiatives and independent candidates are conditional solely on the vote of citizens belonging to the communities they declare to represent; (iv) if the state opts for such a system, the same must be stipulated in applicable laws adopted by the Assembly and in compliance with the constitutional definitions and values; and (v) that based on the case law of the ECtHR, it is not the role of the courts to determine the will of the voters and that any declaration of ballots as invalid must be based on clear legal grounds and in line with the correct procedure as stipulated in applicable laws and regulations. Therefore, the Court found within the current electoral system in the Republic of Kosovo, there is no legal basis on which ballots can be declared invalid in certain polling stations based on assumptions about the ethnic background of the voters, including the proportion between the number of ballots that a party, coalition, citizens’ initiative and independent candidates having declared themselves representing that community may have won and the calculated number of voters of the same community in the respective polling stations.
You can read the full text of the Judgment and the summary in the two official languages of the Republic of Kosovo, and in English, by clicking here
Resolution on Inadmissibility
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I.
In three (3) Resolutions on Inadmissibility published by the Court, the latter found that the Applicants’ referrals do not meet the admissibility criteria before the Court, since legal remedies have not been exhausted as established in paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, paragraph 2 of Article 47 (Individual Requests) of the Law and item (b) of paragraph (1) of Rule 39 of the Rules of Procedure.
These Resolutions include the following cases:
1. KI208/22
Applicant: Flurentin Berisha
Published on: 11 May 2023
Request for the constitutional review of the Judgment of the Basic Court in Gjakova [P. nr. 267/22] of 7 October 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
2. KI130/22
Applicant: Florina Jerliu
Published on: 22 May 2023
Request for the constitutional review of the Rules of Procedure No. 04/2022 for the Procedure of Recruitment, Selection and Establishment of the Employment Relationship for Court Administrators of the Judicial Council of Kosovo, of 31 May 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
3. KI53/22
Applicant: Basri Sejdiu and others
Published on: 25 May 2023
Request for the constitutional review of the Statute for the change of the Statute of the University Clinical Center, of 8 April 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
II.
In eight (8) Resolutions on Inadmissibility, published by the Court, the latter found that the referral of the respective applicant is inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, paragraph 2 of Article 47 (Individual Requests) and Article 49 (Deadline) of the Law on the Constitutional Court and subparagraph (c) of paragraph (1) of Rule 39 of the Rules of Procedure, because it was not filed within the four (4) month deadline.
These Resolutions include the following cases:
1. KI50/22
Applicant: Fatmir Hoti
Published on: 10 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [PML.nr.196/2021] of 24 June 2021.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
2. KI215/22
Applicant: “DPT Nike”
Published on: 11 May 2023
Request for the constitutional review of the Decision of the Supreme Court of the Republic of Kosovo [E.Rv.nr.82/2021] of 10 January 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
3. KI07/23
Applicant: Musli Morina
Published on: 16 May 2023
Request for the constitutional review of the Decision of the Supreme Court of the Republic of Kosovo [Rev.nr.434/2022] of 24 November 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
4. KI194/22
Applicant: Agim Trakaniqi
Published on: 16 May 2023
Request for the constitutional review of the Decision of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo [AC-I-21-0779-A0001] of 25 October 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
5. KI201/22
Applicant: Nazmi Uka
Published on: 19 May 2023
Request for the constitutional review of the Notification of the Office of the Chief State Prosecutor [KMLC. nr. 73/2022] of 10 August 2022 and of the Judgment [Ac. nr. 3624/21] of the Court of Appeals of the Republic of Kosovo, of 20 April 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
6. KI210/22
Applicant: Tefik Breznica
Published on: 23 May 2023
Request for the constitutional review of the Judgment of the Court of Appeals of the Republic of Kosovo [Ac. nr. 1464/2021] of 29 June 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
7. KI24/23
Applicant: Sami Nuredini
Published on: 25 May 2023
Request for the constitutional review of the Judgment of the Court of Appeals of the Republic of Kosovo [Ac.nr.5716/20 të 27] of 27 April 2021.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
8. KI87/22
Applicant: Rexhep Ismaili
Published on: 25 May 2023
Request for the constitutional review of the Decision of the Supreme Court of the Republic of Kosovo [Rev. 575/2021] of 10 January 2021.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
III.
In eighteen (18) Resolutions on Inadmissibility published by the Court, the latter found that the referrals are unfounded, based on paragraph 2 of Rule 39 (Admissibility Criteria) of the Rules of Procedure because the allegations of the respective applicants fall under fourth instance category; reflect “clear or apparent absence of violation” allegations and/or the latter are unsupported or unsubstantiated.
These Resolutions include the following cases:
1. KI161/22
Applicant: Ekrem Breznica
Published on: 4 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Rev. nr. 70/2022] of 6 May 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
2. KI18/22
Applicant: N.T.Sh. “Dolphin”
Published on: 10 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [ARJ.nr. 103/2021] of 28 October 2021.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
3. KI135/22
Applicant: Nevruz Berisha
Published on: 11 May 2023
Request for the constitutional review of the Decision of the Supreme Court of the Republic of Kosovo [Pml. nr. 307/2022] of 11 August 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
4. KI153/22
Applicant: Naser Krasniqi
Published on: 15 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Rev.nr.452/2021] of 19 May 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
5. KI02/22
Applicant: “Elektrosever” L.L.C.
Published on: 16 May 2023
Request for the constitutional review of the length or proceedings in case [A.nr.546/2021] of the Basic Court in Prishtina – Department for Administrative Matters, transferred to the Commercial Court [KA.nr.1010/22].
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
6. KI16/21
Applicant: Pal Gruda and Zef Gruda
Published on: 15 May 2023
Request for the constitutional review of the Decision of the Supreme Court of the Republic of Kosovo [PA-Il. nr. 2/2020] of 8 October 2020.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
7. KI76/22
Applicant: Admir Salihi
Published on: 16 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Pml. nr. 50/2022] of 28 October 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
8. KI191/22
Applicant: Vegim Namligji
Published on: 16 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Rev.nr.183/22] of 12 August 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
9. KI179/22
Applicant: Blerim Leka
Published on: 16 May 2023
Request for the constitutional review of the Decision [AC-I-22-0257] of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo on Privatization Agency of Kosovo Related Matters, of 22 September 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
10. KI183/22
Applicant: Rexhep Kastrati
Published on: 19 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [ARJ.UZVP.NR.46/22] of 15 June 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
11. KI163/22
Applicant: N.N.T. Art Konstruktion
Published on: 23 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [E. Rev. 2/2022] of 5 May 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
12. KI59/22
Applicant: Burim Limani
Published on: 25 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Rev. nr. 432/2021] of 7 December 2021.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
13. KI66/22
Applicant: Luljeta Aliu
Published on: 25 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Rev. 462/2021] of 22 January 2021.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
14. KI42/22
Applicant: Hysni Bajraj
Published on: 25 May 2023
Request for the constitutional review of the Decision of the Court of Appeals of the Republic of Kosovo [PNS.nr.58/2021] of 8 November 2021.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
15. KI198/22
Applicant: Drita Gjonbalaj
Published on: 25 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [ARJ. nr. 38/2022] of 25 July 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
16. KI03/23
Applicant: Ali Zhushi
Published on: 31 May 2023
Request for the constitutional review of the Decision of the Supreme Court of the Republic of Kosovo [Rev.nr. 138/2022] of 10 October 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
17. KI205/22
Applicant: Sefedin Smakolli
Published on: 31 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Rev. nr. 312/2022] of 15 August 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
18. KI87/22
Applicant: “Thermo SHPK”
Published on: 31 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [E. Rev. 04/2021] of 5 May 2022.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
IV.
In a (1) Resolution on Inadmissibility, published by the Court on 31 March 2023, the latter found that the referrals of the respective applicant is inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, partly because he has not exhausted the legal remedies in accordance with Article 47 of the Law and item b of paragraph 1 of Rule 39 of the Rules of Procedure, and partially as manifestly ill-founded on constitutional basis, due to “clear or apparent absence of violation” as it is established in paragraph 2 of Rule 39 of the Rules of Procedure.
24. KI111/21
Applicant: Shaban Murati
Published on: 25 May 2023
Request for the constitutional review of the non-implementation of the Judgment [C.nr.1091/2012] of the Basic Court in Prizren of 2 October 2013, related to Judgment [AC.nr.1210/14] of the Court of Appeals of the Republic of Kosovo, of 28 September 2017.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
Decisions to reject the referral
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V.
In a (1) Decision published by the Court, the latter found that the Applicant’s referral is a repetition of the referral KI112/20, already decided by the Court, and based on paragraph (5) of Rule 35 of the Rules of Procedure found that the present referral should be summarily rejected.
1. KI132/21
Applicant: Branislav Gajin
Published on: 4 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Pml. nr. 265/2019] of 9 October 2019.
You can read the full text of the Resolution and its summary, in the two official languages of the Republic of Kosovo, by clicking here
VI.
In a (1) Decision published by the Court, the latter found that the Applicant’s referral does not meet the procedural criteria for further consideration, due to its incompleteness with supporting documentation, as required by articles 21, 22- 4 and 48 of the Law and Rule 32 (2) (h) and 35 (5) of the Rules of Procedure. Therefore, the Court concluded that the referral should be summarily rejected.
1. KI118/22
Applicant: Bekim Bajrami
Published on: 17 May 2023
Request for the constitutional review of an unspecified public act.
You can read the full text of the Decision and its summary, in the two official languages of the Republic of Kosovo, by clicking here
VII.
In a (1) Decision to reject the referral published by the Court, the latter found that the Applicant’s referral does not meet the procedural criteria for further consideration, due to the lack of formal authorization for representation, as required by articles 21, 22-4 and 48 of the Law and Rule 32 (2)(c) and (3) and 35 (5) of the Rules of Procedure, and therefore, decided that the referral should be summarily rejected.
1. KI204/22
Applicant: Ismet Islami, as the alleged representative of Fatmir and Shpejtim Behrami
Published on: 16 May 2023
Request for the constitutional review of the Judgment of the Supreme Court of the Republic of Kosovo [Pml.nr.117/2018] of 6 June 2018.
You can read the full text of the Decision and its summary, in the two official languages of the Republic of Kosovo, by clicking here
Note:
This notification has been prepared by the Secretariat of the Court for informational purposes only. The full texts of the decisions have been served to all parties involved in the cases and will be published in the Official Gazette of the Republic of Kosovo within set deadlines.