Decisions published in June 2024
09.07.2024In June 2024, in the Constitutional Court:
• twenty five (25) cases were reviewed;
• decisions were rendered for twenty four (24) cases:
• twenty three (23) decisions were published;
In this period, on the Constitutional Court’s webpage are published (i) nineteen (19) Resolutions on Inadmissibility; and (ii) four (4) Decisions.
Resolutions on Inadmissibility
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I.
In sixteen (16) Resolutions on Inadmissibility published by the Court, the latter found that the Applicants’ Referrals are inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 48 (Accuracy of the Referral) of the Law, paragraph (2) of Rule 34 (Admissibility Criteria) of the Rules of Procedure because (i) the respective allegations of the Applicants fall into category of the fourth instance; (ii) reflect allegations with “apparent absence of a violation”, and/or (ii) the latter are “unsubstantiated or unreasoned”.
1. KI23/23
Applicant: Vladimir Mladenoviç
Published on: 6 June 2024
Request for constitutional review of Judgment [UZVP-ARJ. no. 86/2022], of the Supreme Court of the Republic of Kosovo of 29 September 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
2. KI44/23
Applicant: N.T.SH. “Zhitia”
Published on: 6 June 2024
Request for constitutional review of Decision [AC-I-27-0710] of the Appellate Panel of the Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters, of 20 October 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
3. KI51/23
Applicant: Elmi Simnica
Published on: 6 June 2024
Request for constitutional review of Judgment [AC. no. 406/2021], of the Court of Appeals of the Republic of Kosovo of 23 September 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
4. KI90/22
Applicant: Jusuf Nikçi
Published on: 6 June 2024
Request for constitutional review of Judgment [ARJ-UZVP. no. 2/2022], of the Supreme Court of the Republic of Kosovo, of 10 March 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
5. KI179/23
Applicant: Kastriot Thaqi
Published on: 6 June 2024
Request for constitutional review of Decision [AA. no. 51/2023], of the Court of Appeals of the Republic of Kosovo, of 5 July 2023
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
6. KI105/23
Applicant: Naim Avdiu
Published on: 13 June 2024
Request for constitutional review of Judgment [ARJ. no. 125/2022], of the Supreme Court of the Republic of Kosovo, of 27 December 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
7. KI171/23
Applicant: Latif Zariqi
Published on: 13 June 2024
Request for constitutional review of Judgment [Rev. no. 235/2020], of the Supreme Court of the Republic of Kosovo, of 3 July 2023
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
8. KI252/23
Applicant: Liridona Nuza
Published on: 13 June 2024
Request for constitutional review of Judgment [Rev. no. 201/2023], of the Supreme Court of the Republic of Kosovo, of 29 June 2023
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
9. KI104/23
Applicant: Reshat Ibrahimi
Published on: 20 June 2024
Request for constitutional review of Judgment [AC. no. 1199/2021], of the Court of Appeals of the Republic of Kosovo, of 6 December 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
10. KI204/23
Applicant: Ibrahim Svarça
Published on: 20 June 2024
Request for constitutional review of Judgment [Rev. no. 145/2022], of the Supreme Court of the Republic of Kosovo, of 5 May 2023
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
11. KI290/23
Applicant: Qazim Saliuka
Published on: 20 June 2024
Request for constitutional review of actions of the Basic Prosecution in Gjakova
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
12. KI154/22
Applicant: Bekim Sahiti
Published on: 24 June 2024
Request for constitutional review of Judgment [Rev. no. 518/22], of the Supreme Court of the Republic of Kosovo, of 8 June 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
13. KI197/22
Applicant: Afërdita Gjonbalaj Stublla
Published on: 24 June 2024
Request for constitutional review of Judgment [Rev. no. 340/2022], of the Supreme Court of the Republic of Kosovo, of 13 September 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
14. KI09/24
Applicant: Muhamet Pervizaj, Sami Pervizaj and Florije Lubiqeva
Published on: 26 June 2024
Request for constitutional review of Judgment [Rev. no. 7/2023], of the Supreme Court of the Republic of Kosovo, of 15 August 2023
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
15. KI84/23
Applicant: Shahin Shahini
Published on: 26 June 2024
Request for constitutional review of Judgment [Rev. no. 223/2021], of the Supreme Court of the Republic of Kosovo, of 31 March 2022
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
16. KI205/23
Applicant: Ramadan Hyseni, Shkumbin Vidishiqi, Mimoza Abazi, Zymer Haliti and Gani Selimi
Published on: 26 June 2024
Request for constitutional review of Judgment [AC. no. 2051/22], of the Court of Appeals of the Republic of Kosovo, of 1 June 2023
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
II.
In two (2) Resolutions on Inadmissibility published by the Court, the latter found that the Applicants’ Referrals are inadmissible based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 49 (Deadlines) of the Law, item (c) paragraph (1) of Rule 34 (Admissibility Criteria) of the Rules of Procedure, because the latter were submitted out of four (4) month time limit.
17. KI222/23
Applicant: Pal Bala and Merita Vitija-Dembogaj
Published on: 3 June 2024
Request for constitutional review of Decision [REVU-no. 6/2023], of the Supreme Court of the Republic of Kosovo, of 2 February 2023
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
18. KI99/23
Applicant: Hasan Fusha
Published on: 6 June 2024
Request for constitutional review of Decision [AC-I-21-0809-A0001] of 13 April 2023 and Decision [AC-I-21-0123] of 2 December 2021 of the Appellate Panel of the Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
III.
In one (1) Resolution on Inadmissibility published by the Court, the latter found that the Applicants’ referral 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 (b) paragraph (1) of Rule 34 (Admissibility Criteria) of the Rules of Procedure, as a result of the non-exhaustion of legal remedies.
19. KI42/24
Applicant: Vasilije Arsić
Published on: 27 June 2024
Request for constitutional review of the Regulation of the Central Bank of the Republic of Kosovo on Cash Operations
You can read the full text of the Resolution and summary in two official languages of the Republic of Kosovo, by clicking here
Decisions
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IV.
In three (3) Decisions to reject the Referral published by the Court, the latter found that the referrals are rejected based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 47 (Individual Requests) of the Law, item (b) paragraph (2) of Rule 54 (Dismissal and Rejection of Referrals) of the Rules of Procedure, because the latter are incomplete or not clearly stated.
20. KI26/23
Applicant: Rrahim Ramadani
Published on: 6 June 2024
Request for constitutional review of unspecified act of public authority
You can read the full text of the Decision and summary in two official languages of the Republic of Kosovo, by clicking here
21. KI273/23
Applicant: Mentor Neziri
Published on: 6 June 2024
Request for constitutional review of Judgment [Pml. no. 288/2023], of the Supreme Court of the Republic of Kosovo of 12 September 2023
You can read the full text of the Decision and summary in two official languages of the Republic of Kosovo, by clicking here
22. KI119/23
Applicant: Adem Peci
Published on: 13 June 2024
Request for constitutional review of unspecified act of public authority
You can read the full text of the Decision and summary in two official languages of the Republic of Kosovo, by clicking here
V.
In one (1) Decision on Withdrawal of Referral, published by the Court, the latter based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, in accordance with Article 23 (Withdrawal of a party) of the Law and Rule 31 (Withdrawal of a Party from the Proceedings) of the Rules of Procedure, approved the applicant’s request for withdrawal of the referral.
23. KI47/23
Applicant: Nebih Dedinca
Published on: 6 June 2024
Request for review of the applicant’s request for withdrawal of the referral, by which he requested the constitutional review of Judgment [AC. no. 1616/2021], of the Court of Appeals of the Republic of Kosovo of 23 September 2022
You can read the full text of the Decision and summary in two official languages of the Republic of Kosovo, by clicking here
Note:
This notification was prepared by the Secretariat of the Court solely for informational purposes. The full texts of the decisions have been served on all parties involved in the cases and will be published in the Official Gazette of the Republic of Kosovo within the specified deadlines.