Decisions published in June 2023
18.07.2023In June 2023, the Constitutional Court:
• reviewed 14 cases;
• rendered decisions for 10 cases;
• published 22 decisions;
On the Court’s webpage are published: three (3) Judgments and nineteen (19) Resolutions on Inadmissibility.
Judgments
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1. KO139/21
Applicants: Fadil Nura and 9 other deputies
Published on: 16 June 2023
The Court assessed the constitutionality of the Decision [no. 08-V-040] of the Assembly of the Republic of Kosovo, of 21 July 2021, on the dismissal of the members of the Railway Regulatory Authority Board. The Court found, among other things, that in the case of the dismissal of the members of the Railway Board, the Assembly acted in the supervisory role as established in the Constitution and exercised the function provided by Law no. 04/L -063 on Kosovo Railways. Therefore, the Court found that the aforementioned Decision of the Assembly of the Republic of Kosovo is in compliance with paragraph 9 of Article 65 [Competencies of the Assembly] of the Constitution.
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. KI212/21
Applicant: Behar Emini
Published on: 22 June 2023
The Court assessed the constitutionality of the Decision [Rev. no. 382/2021] of the Supreme Court of Kosovo of 22 September 2021, which was related to the procedure for expropriation of the Applicant’s immovable property. The Court found that the Supreme Court’s handling of the revision of the opposing party in the absence of jurisdiction established by law, violates the principle of the “court established by law” as an integral part of a fair trial. The Court also found that the delay in providing immediate and adequate compensation for the expropriation of the Applicant’s immovable property constitutes a violation of the right to property. Therefore, the Court found that the aforementioned Decision of the Supreme Court was not in compliance (i) with paragraph 2 of Article 31 [Right to Fair and Impartial Trial] of the Constitution in conjunction with paragraph 1 of Article 6 (Right to a fair trial) of the European Convention on Human Rights and (ii) with paragraph 3 of Article 46 [Protection of Property] of the Constitution in conjunction with Article 1 (Protection of property) of Protocol no. 1 of the European Convention on 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
3. KI82/22
Applicant: Valon Loxhaj
Published on: 29 June 2023
The Court assessed the constitutionality of Judgment Rev. no. 103/2022 of the Supreme Court of 30 March 2022. The Court found that the non-addressing by the regular courts of the essential allegations of the Applicant regarding the compensation of the income deriving from the employment relationship, the termination of which was proved to be illegal, has resulted in violation of the right to a reasoned decision, as an integral part of a fair trial. Therefore, the Court found a violation of paragraph 1 of Article 31 [Right to Fair and Impartial Trial] of the Constitution in conjunction with paragraph 1 of Article 6 (Right to a fair trial) of the European Convention on 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
Resolutions on Inadmissibility
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I.
In one (1) Resolution on Inadmissibility published by the Court, the latter found that the Applicant’s referral does not meet the admissibility criteria before the Court, as the legal remedies 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 have not been exhausted.
1. KI35/23
Applicant: Pajtim Shabani
Published on: 29 June 2023
Request for constitutional review of Decision [PN. no. 1047/2022], of the Court of Appeals of the Republic of Kosovo of 13 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
II.
In one (1) Resolution 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) of the Law, item (c) of paragraph (1), paragraph (2) and item (b) of paragraph (3) of Rule 39 (Admissibility Criteria) of the Rules of Procedure, in part because (i) the Applicant’s allegations of violation of Article 24 of the Constitution enter the category of “fourth instance” and “unsupported or unsubstantiated” allegations; (ii) partly because it was not submitted within the four (4) month deadline, and partly because it is not ratione materiae, compatible with the Constitution.
2. KI86/22
Applicant: Pjetër Boçi
Published on: 14 June 2023
Request for constitutional review of Judgment [Pml. no. 151/2022], of the Supreme Court of the Republic of Kosovo of 14 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
III.
In three (3) of the 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 (Deadlines) of the Law and subparagraph (c) of paragraph (1) of Rule 39 of the Rules of Procedure, due to their non-submission within the four (4) month deadline.
3. KI88/23
Applicant: Mehmet Mehmeti
Published on: 27 June 2023
Request for constitutional review of Judgment [Ac. no. 585/2021] of the Court of Appeals of the Republic of Kosovo of 23 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
4. KI61/23
Applicant: Hedie Bylykbashi
Published on: 13 June 2023
Request for constitutional review of Decision [ARJ. UZVP. no. 137/2021], of the Supreme Court of the Republic of Kosovo of 20 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
5. KI98/22
Applicant: Shefki Dibra
Published on: 2 June 2023
Request for constitutional review of Judgment [Ac. no. 9276/2021], of the Court of Appeals of the Republic of Kosovo of 18 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
IV.
In fourteen (14) Resolutions on Inadmissibility published by the Court, the latter found that the Applicants’ allegations are ungrounded based on paragraph 2 of Rule 39 (Admissibility Criteria of) of the Rules of Procedure because the respective Applicants’ allegations enter the category of the fourth instance; reflect allegations with “clear or apparent absence of a violation”, and/or the same are unsupported or unsubstantiated.
6. KI71/23
Applicant: Mehmet Hoti
Published on: 7 June 2023
Request for constitutional review of Judgment [PML. no. 31/2023] of the Supreme Court of the Republic of Kosovo of 23 February 2023.
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. KI13/22
Applicant: “Flori Print” l.l.c.
Published on: 9 June 2023
Request for constitutional review of Judgment [ARJ-UZVP. no. 82/2021] of the Supreme Court of the Republic of Kosovo of 26 August 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. KI150/22
Applicant: Blerim Gashi
Published on: 9 June 2023
Request for constitutional review of Judgment [Pml. no. 284/2022] of the Supreme Court of the Republic of Kosovo of 28 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
9. KI128/22
Applicant: Shqiprim Xheladini
Published on: 9 June 2023
Request for constitutional review of Judgment [Pml. no. 141/2022], of the Basic Court in Gjakova of 11 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
10. KI29/23
Applicant: Bashkim Kuquku
Published on: 13 June 2023
Request for constitutional review of Decision [AC-I-22-0713-A0001], of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo on the Privatization Agency of Kosovo Related Matters, of 26 January 2023.
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. KI159/22
Applicant: Besarta Isufi
Published on: 16 June 2023
Request for constitutional review of Decision [AC-I-22-0385] of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo on the Privatization Agency of Kosovo Related Matters, of 31 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
12. KI45/23
Applicant: Kujtim Amurllahi
Published on: 16 June 2023
Request for constitutional review of Decision [Ac. no. 6822/22], of the Court of Appeals of the Republic of Kosovo of 27 December 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
13. KI160/22
Applicant: Asllan Kika
Published on: 16 June 2023
Request for constitutional review of Decision [Rev. no. 574/2021], of the Supreme Court of the Republic of Kosovo of 2 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
14. KI195/21
Applicant: Besnik Berisha
Published on: 20 June 2023
Request for constitutional review of Judgment [ARJ-UZVP. no. 15/2021] of the Supreme Court of the Republic of Kosovo of 28 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
15. KI146/21
Applicant: Bukurije Maksutaj
Published on: 22 June 2023
Request for constitutional review of Judgment [Rev. no. 483/2020], of the Supreme Court of the Republic of Kosovo of 18 March 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
16. KI16/23
Applicant: Gjok Gega and Bajram Sinani
Published on: 27 June 2023
Request for constitutional review of Decision [AC. no. 5597/2022], of the Court of Appeals of the Republic of Kosovo of 8 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
17. KI212/22
Applicant: Agron and Arben Hadri
Published on: 29 June 2023
Request for constitutional review of Judgment [Rev. no. 380/2022], of the Supreme Court of the Republic of Kosovo of 5 December 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. KI50/23
Applicant: Brikenda Kryeziu
Published on: 29 June 2023
Request for constitutional review of Judgment [Rev. no. 387/2022], of the Supreme Court of the Republic of Kosovo of 22 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
19. KI28/23
Applicant: Rrahim Haliti
Published on: 29 June 2023
Request for constitutional review of Judgment [Ac. no. 331/21], of the Court of Appeals of the Republic of Kosovo of 19 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
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.