Notification on the decisions from the review session held on 25 March 2021

In the review session held on 25 March 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 144/19; 2. KI 92/19; 3. KI 220/19, KI 221/19, KI 223/19 and KI 234/19; 4. KI 57/20; 5. KI 82/20; 6. KI 89/20; 7. KI 92/20; 8. KI 105/20 and 9. KI 11/21. 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 144/19
Applicant: Tomislav Filipović

The subject matter of the Referral was the constitutional review of the Judgment [GSK-KPA-A-276/15] of the Supreme Court of Kosovo, of 13 February 2019, in conjunction with the Decision [KPCC/D/A/267/2015] of the Property Claims Commission within the Kosovo Agency of Property, of 30 March 2015. The Applicant alleged that the challenged judgment violated his fundamental rights and freedoms guaranteed by Articles 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) and Article 1 (Protection of property) of the Protocol no. 1 of the European Convention on Human Rights.
The Referral was based on Article 113.7 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 Review Panel proposed that, in accordance with Article 113.7 of the Constitution, Article 20 of the Law on the Constitutional Court and Rule 39 (2) of the Rules of Procedure, the Referral be declared inadmissible.

2. Case: KI 92/19
Applicant: „HUBO INTERNATIONAL N.V.“

The subject matter of the Referral was the constitutional review of the Judgment [E. Rev. no. 31/2018] of the Supreme Court of Kosovo, of 28 January 2019, whereby the Applicant alleged that its fundamental rights and freedoms guaranteed by Article 24 [Equality Before the Law] and 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 have been violated.
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, 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.

3. Case: KI220/19, KI221/19, KI223/19 and KI234/19
Applicant: Sadete Koca – Lila and others

The subject matter of the Referral was the constitutional review of the Judgment [AC-I-13-0181-A0008] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 29 August 2019. The Applicants alleged that the challenged judgment violated their fundamental rights and freedoms guaranteed by Articles 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial] and Article 46 [Protection of Property] of the Constitution of the Republic of Kosovo, as well as Article 6 (Right to a fair trial) and Article 1 (Protection of property) of the Protocol no. 1 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, as well as Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, 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 Rule 59 (1) (a) of the Rules of Procedure:

DECIDES

I. TO DECLARE the Referral admissible;

II. TO HOLD that for the Referrals KI 220/19 and KI 223/19, there has been a violation of 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;

III. TO DECLARE Judgment [AC-I-13-0181-A0008] of 29 August 2019 of the Appellate Panel of the Special Chamber, null and void;

IV. TO REMAND the case for reconsideration to the Appellate Panel of the Special Chamber of the Supreme Court, in accordance with the findings of this Judgment;

V. TO ORDER the Appellate Panel of the Special Chamber of the Supreme Court, to notify the Court, in accordance with Rule 66 (5) of the Rules of Procedure, until 14 June 2021, on the measures taken to implement the Judgment of the Court;

VI. TO DECLARE the Referrals with no: KI 221/19 and KI 234/19 submitted by the Applicants Muhamet Domi and Fikrije Nuka, inadmissible;

4. Case: KI 57/20
Applicant: Dile (Palushi) Bala

The subject matter of the Referral was the constitutional review of the Judgment [Rev. no. 413/19] of the Supreme Court of Kosovo, of 6 February 2020, in conjunction with the Judgment [Ac. no. 4927/15] of the Court of Appeals of Kosovo, of 28 August 2019 and Judgment [C. no. 327/12] of the Basic Court in Gjakova, of 16 September 2014. The Applicant did not attach any of these decisions to the Referral. The Applicant alleged that the challenged decisions violated her fundamental rights and freedoms guaranteed by Articles 31 [Right to Fair and Impartial Trial] and 54 [Judicial Protection of Rights] 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, 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 Article 113.7 of the Constitution, Articles 20 and 22.4 of the Law on the Constitutional Court and Rules 32 (2)(h) and 35 (5) of the Rules of Procedure, the Referral be rejected summarily.

5. Case: KI 82/20
Applicant: Jakup Mehmeti

The subject matter of the Referral was the constitutional review of the Decision [AC-I-16-0144-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on the Privatization Agency of Kosovo Related Matters, of 21 February 2020. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] and 46 Protection of Property], paragraphs 1, 2, 3 and 4 of the Constitution of the Republic of Kosovo, in conjunction with Article 1 (Protection of property) of the Protocol no. 1 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, 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.

6. Case: KI 89/20
Applicant: Skender Bislimi

The subject matter of the Referral was the constitutional review of the Judgment [Pml. no. 351/2019] of the Supreme Court of Kosovo, of 26 December 2019, whereby the Applicant alleged that his fundamental rights and freedoms guaranteed by Articles: 3 [Equality Before the Law], 5 [Languages], 24 [Equality before the Law], 30 [Rights of the Accused], 31 [Right to Fair and Impartial Trial] and 33 [The Principle of Legality and Proportionality in Criminal Cases] of the Constitution of the Republic of Kosovo, have been violated.
The Referral was based on Article 113.7 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 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 Rule 39 (1)(c) of the Rules of Procedure, the Referral be declared inadmissible.

7. Case: KI 92/20
Applicant: Milomirka Tamburić

The subject matter of the Referral was the constitutional review of an unspecified act of the public authority. In the Referral, the Applicant alleged that her rights have been violated by certain individuals and public authorities of the Republic of Kosovo, although without specifying exactly with which acts and which rights have been violated.
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, 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 Article 113.7 of the Constitution, Articles 20 and 22.4 of the Law on the Constitutional Court and Rules 32 (2)(h) and 35 (5) of the Rules of Procedure, the Referral be rejected summarily.

8. Case: KI 105/20
Applicant: Shani Rexhepi

The subject matter of the Referral was the constitutional review of the Judgment [Pml.no. 115/2020] of the Supreme Court of Kosovo, of 20 May 2020, whereby the Applicant alleged that 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, have been violated.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 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.

9. Case: KI 11/21
Applicant: Sami Nuhaj

The subject matter of the Referral was the constitutional review of the Judgment [PML. no. 325/2020] of the Supreme Court of Kosovo, of 16 December 2020, rejecting the request for protection of legality filed against the Judgment [PA1. no. 129/2020] of the Court of Appeals of Kosovo, of 14 July 2020 and Judgment [P. no. 298/2019] of the Basic Court in Ferizaj, of 30 December 2020. The Applicant alleged that the challenged decision has violated his fundamental rights and freedoms guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 33 [The Principle of Legality and Proportionality in Criminal Cases] of the Constitution of the Republic of Kosovo, as well as Articles 6 (Right to a fair trial) and 7 (No punishment without law) of the European Convention on Human Rights. The Applicant also requested an interim measure be imposed, which would suspend the execution of the final Judgment [PML. no. 325/2020] of the Supreme Court of Kosovo, of 16 December 2020.
The Referral was based on Article 113.7 of the Constitution, Articles 22 [Processing Referrals], 27 [Interim Measures] 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 paragraphs 1 and 7 of Article 113 of the Constitution, Articles 20 and 27.1 of the Law on the Constitutional Court and Rules 39 (2) and 57 (1) of the Rules of Procedure:

DECIDES

I. TO DECLARE the Referral inadmissible;

II. TO REJECT the request for holding a hearing;

III. TO REJECT the request for an interim measure;