Notification on the decisions from the review session held on 29 March 2021

In the review session held on 29 March 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 177/19; 2. KI 217/19; 3. KI 05/20; 4. KI 48/20; 5. KI 68/20; 6. KI 191/20 and 7. KI 195/20. 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 177/19
Applicant: NNT “Sokoli”

The subject matter of the Referral was the constitutional review of the Decision [Ac.no.2386/2018] of the Court of Appeals of Kosovo, of 17 May 2019, in conjunction with the Decision [Cp.no.200/2016] of the Basic Court in Prishtina, of 13 April 2018. The Applicants alleged that the challenged decision violated its 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 Articles 21.4 [General Principles] and 113.7 [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 Articles 21.4 and 113 (7) of the Constitution, Article 20 of the Law on the Constitutional Court and Rule 56 (1) of the Rules of Procedure:

DECIDES

I. TO DECLARE the Referral admissible;

II. TO HOLD that there has been a violation of Article 31 of the Constitution of the Republic of Kosovo, in conjunction with Article 6 of the European Convention on Human Rights;

III. TO HOLD that the Decision Ac.no.2386/2018, of the Court of Appeals of Kosovo, of 17 May 2019, is null and void and the same is remanded for retrial;

IV. TO ORDER the Court of Appeals, that in accordance with Rule 63 of the Rules of Procedure, to notify the Constitutional Court, as soon as possible, but not later than 6 (six) months, respectively until 12 September 2021, on the measures taken to implement the Judgment of this Court;

V. TO REMAIN seized of this matter in accordance with this order;

2. Case: KI 217/19
Applicant: Astrit Shabiu

The subject matter of the Referral was the constitutional review of the Judgment [ARJ-UZVP. no. 77/2019], of the Supreme Court of Kosovo, of 10 June 2019, in conjunction with the Judgment [AA. no. 367/2018] of the Court of Appeals of Kosovo, of 19 December 2018 and Judgment [A. no. 729/16] of the Department of Administrative Matters of the Basic Court in Prishtina, of 4 May 2018. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by Articles: 23 [Human Dignity], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 49 [Right to Work and Exercise Profession] and 55 [Limitations on Fundamental Rights and Freedoms] of the Constitution of the Republic of Kosovo.
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.

3. Case: KI 05/20
Applicant: Labinot Namani

The subject matter of the Referral was the constitutional review of the Judgment [Rev.no. 324/2019] of the Supreme Court of Kosovo, of 17 October 2019, whereby the Applicant alleged that his fundamental rights and freedoms guaranteed by Articles 24 [Equality Before the Law] and 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 22 [Processing Referrals] 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, 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.

4. Case: KI 48/20
Applicant: N.N.P “Kristal”

The subject matter of the Referral was the constitutional review of the Decision [CML.no.14/2019] of the Supreme Court of Kosovo, of 18 November 2019, in conjunction with the Decision [Ac.no. 4082/18] of the Court of Appeals of Kosovo, of 16 October 2018 and the Decision [PPP.no.1408/18] of the Basic Court in Prishtina, of 29 May 2019. The Applicants alleged that the challenged decisions violated its 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 of the European Convention on Human Rights and Article 10 of the Universal Declaration of 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, 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 21.4 and 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.

5. Case: KI 68/20
Applicant: Hysen Thaqi

The subject matter of the Referral was the constitutional review of the Judgment [Rev.no.383/2019], of the Supreme Court of Kosovo, of 14 January 2020, in conjunction with the Judgment [Ac.no. 4470/2016] of the Court of Appeals of Kosovo, of 4 July 2019. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by Articles: 3.2 [Equality Before the Law], 31 [Right to Fair and Impartial Trial] and 46 [Protection of Property] of the Constitution of the Republic of Kosovo.
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 191/20
Applicant: Adnan Ahmeti

The subject matter of the Referral was the constitutional review of unspecified acts of public authorities. The Applicant also did not specifically clarified which fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo, have allegedly been violated by any act of a public authority.
The Referral was based on 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, 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 48 of the Law on the Constitutional Court and Rules 35 (5) and 59 (3) of the Rules of Procedure, the Referral be rejected.

7. Case: KI 195/20
Applicant: Aigars Kesengfelds, owner of the non-bank financial institution “Monego”

The subject matter of the Referral was the constitutional review of the Judgment [ARJ-UZVP.no. 42/2020] of the Supreme Court of Kosovo, of 25 June 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 (ECHR), and Article 32 [Right to Legal Remedies] and Article 54 [Judicial Protection of Rights] of the Constitution, in conjunction with Article 13 (Right to an effective remedy) of the ECHR, and Article 46 [Protection of Property] of the Constitution, in conjunction with Article 1 (Protection of property) of the Protocol no. 1 of the ECHR, as well as Articles 7, 8 and 10 of the Universal Declaration of Human Rights, have been violated.
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, 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 Court, in accordance with Article 21.4 and Article 113 (7) of the Constitution, Articles 20 and 47 of the Law on the Constitutional Court and Rule 59 (1) of the Rules of Procedure,

DECIDES

I. TO DECLARE the Referral admissible;

II. To HOLD that the Judgment ARJ-UZVP.no. 42/2020, of the Supreme Court, of 25 June 2020, is in accordance with 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;