Notification on the decisions from the review session held on 10 February 2021

In the review session held on 10 February 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 239/19; 2. KI 29/20; 3. KI 33/20; 4. KI 44/20, KI 83/20 and KI 102/20; 5. KI 69/20; 6. KO 103/20; 7. KI 104/20; 8. KI 106/20; 9. KI 116/20; 10. KI 154/20 and 11. KI 174/20. Below you can read the brief summaries of decisions (full texts of decisions 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 239/19
Applicant: Hakif Veliu

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 Judgment [PAKR. No. 528/2018] of the Court of Appeals of Kosovo, of 16 April 2019, and Judgment [PKR. No. 432/15] of the Serious Crimes Department of the Basic Court of Prishtina, of 18 December 2017. The Applicant alleged that the challenged decision violated his fundamental 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.
The Referral was based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] and paragraph 2 of Article 116 [Legal Effect of Decisions] of the Constitution, Article 22 [Processing Referrals], 27 [Interim Measures] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rules 32 [Submission of Referrals and Responses] and 56 [Request for Interim Measures] 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, 27 and 47 of the Law on the Constitutional Court and Rules 39 (1)(b), 39 (2), 57 and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

2. Case: KI 29/20
Applicant: Gegë Palushaj

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-15-0179-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 16 January 2020, with which the Applicant alleged violation of his rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) of the European Convention on Human Rights.
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, and Rule 32 [Submission of Referrals and Responses] 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. Case: KI 33/20
Applicant: Jovan Gužvić

The subject matter of the Referral was the constitutional review of an unspecified act of public authority. The Applicant has not specifically clarified which fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo, had been violated by any act of a public authority.
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, and Rules 32 (Submission of Referrals and Responses) and 35 (Withdrawal, Dismissal and Rejection of Referrals) 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 48 of the Law on the Constitutional Court and Rules 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.

4. Case: KI 44/20, KI 83/20 and KI 102/20
Applicant: Besnik Kavaja

The subject matter of the Referral was the constitutional review of the Judgment [GSK-KPA-A-005/19] of the Supreme Court of Kosovo, of 11 March 2020, and the Decision [Ac.No.1496/2020] of the Court of Appeals of Kosovo, of 29 April 2020. The Applicant alleged that the challenged decisions violated his fundamental rights and freedoms guaranteed by Articles: 24 [Equality before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, Article 1 of the Protocol 1, Article 6 (Right to a fair trial) and Article 13 (Right to an effective remedy) of the European Convention on Human Rights.
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, and Rule 32 [Submission of Referrals and Responses] 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, 27 and 47 of the Law on the Constitutional Court and Rules 39 (2), 57 and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

5. Case: KI 69/20
Applicant: Gjergj Nikolla

The subject matter of the Referral was the constitutional review of the Judgement [AC.No.1461/15] of the Court of Appeals of Kosovo, of 14 February 2020, in conjunction with Judgment [C.No.143/14] of the Basic Court of Gjakova, of 19 February 2015. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo, and Article 6 (Right to a fair trial) of the European Convention on Human Rights.
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, and Rule 32 [Submission of Referrals and Responses] 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.

6. Case: KO 103/20
Applicant: Fitore Pacolli and 29 other deputies of the Assembly of the Republic of Kosovo

The subject matter of the Referral was the constitutional review of “the visit of the President of the Republic of Kosovo, on 3 June 2020, at private house/apartment of a deputy of the Assembly of the Republic of Kosovo”. The Applicants in their Referral, alleged that by using unconstitutional mechanisms, the President has committed a serious violation of the Constitution, in particular of Article 83 [Status of the President], Article 84 [Competencies of the President], paragraph 2 in conjunction with paragraph 14 of Article 4 [Form of Government and Separation of Power] in conjunction with paragraph 3 of Article 7 [Values], Article 65 [Competencies of the Assembly], paragraph 8, and Article 16 [Supremacy of the Constitution] of the Constitution of the Republic. The Applicants also requested from the Court to hold a public hearing regarding this case.
The Referral was based on paragraph 6 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], 44 [Accuracy of the Referral] and 45 [Deadlines] of Law No. 03/L-121 on the Constitutional Court, and Rules 32 [Submission of Referrals and Responses] and 75 [Referral in accordance with Article 113.6 of the Constitution and Articles 44 and 45 of the Law] of the Rules of Procedure of the Constitutional Court.
– The Review Panel proposed that, in accordance with paragraph 6 of Article 113 of the Constitution, Articles 44 and 45 of the Law on the Constitutional Court and Rules 59 and 75.5 of the Rules of Procedure, to terminate the procedure for reviewing the Applicants’ Referral.

7. Case: KI 104/20
Applicant: Ejup Koci

The subject matter of the Referral was the constitutional review of the proceedings before the Basic Court of Mitrovica – Skenderaj Branch, regarding the case [C. No. 256/2018].
The Referral was based on paragraphs 1 and 7 of Article 113 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, and Rule 32 [Submission of Referrals and Responses] 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 of the Law on the Constitutional Court and Rules 39 (1)(b) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

8. Case: KI 106/20
Applicant: Kosovo Electricity Supply Company “KEDS” J.S.C.

The subject matter of the Referral was the constitutional review of the Judgment [Rev. No. 107/2020] of the Supreme Court of Kosovo, of 6 April 2020, whereby the Applicant alleged violation of its rights 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. 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, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rule 32 [Submission of Referrals and Responses] 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.

9. Case: KI 116/20
Applicant: N.T.Sh. “Edita-S.O.K”

The subject matter of the Referral was the constitutional review of the Judgment [E. Rev. No. 13/2020] of the Supreme Court of Kosovo, of 6 April 2020, in conjunction with Judgment [Ae. No. 186/2018] of the Court of Appeals of Kosovo, of 21 October 2019, and Judgment [IV.EK.C.No.105/16], of the Department of Economic Affairs of the Basic Court of Prishtina, of 8 June 2018. The Applicant alleged that the challenged decision has violated its fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] 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, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rule 32 (Submission of Referrals and Responses) 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.

10. Case: KI 154/20
Applicant: Muhamet Buduri

The subject matter of the Referral was the constitutional review of the Judgement [PML.No.295/2019] of the Supreme Court of Kosovo, of 22 November 2019, in conjunction with the Judgment [PAKR.No.241/19] of the Court of Appeals of Kosovo, of 5 June 2019, and the Judgment [P.No.68/18] of the Basic Court of Prizren, of 22 March 2019. The Applicant alleged that the challenged decision has violated his fundamental rights and freedoms guaranteed by Articles 21 [General Principles] and 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, Article 6 (Right to a fair trial) of the European Convention on Human Rights and Article 7 of the Universal Declaration of Human Rights.
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, and Rule 32 (Submission of Referrals and Responses) 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 49 of the Law on the Constitutional Court and Rules 39 (1)(c) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

11. Case: KI 174/20
Applicant: “DE-KO” Sh.p.k.

The subject matter of the Referral was the constitutional review of the Notification [KMLC.No.79/2020] of the Office of the Chief State Prosecutor, of 9 July 2020 and the Decision [Ac.No.2817/19] of the Court of Appeals of Kosovo, of 16 April 2020. The Applicant alleged that the notification and the challenged decision have violated its fundamental rights and freedoms guaranteed by Article 24 [Equality before the Law], Article 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] 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.
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, Articles 22 [Processing Referrals] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rule 32 [Submission of Referrals and Responses] 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 49 of the Law on the Constitutional Court and Rules 39 (1)(c) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.