Notification on the decisions from the review session held on 3 February 2021

In the review session held on 3 February 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 86/18; 2. KI 98/19; 3. KI 132/19; 4. KI 213/19; 5. KI 24/20; 6. KI 30/20 and KI 31/20; and 7. KI 59/20. 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 86/18
Applicant: Slavica Đordević

The subject matter of the Referral was the constitutional review of the Decision [CA.No.2093/2017], of the Court of Appeals of Kosovo, of 29 January 2018, whereby the Applicant alleged the violation of her constitutional rights guaranteed by Articles: 22 [Direct Applicability of International Agreements and Instruments], 24 [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, Article 6 paragraph 1 [Right to a fair trial], Article 13 [Right to an effective remedy], Article 1 of the Protocol No. 1 [Protection of Property] and Article 14 [Prohibition of discrimination] of the European Convention on Human Rights (ECHR), as well as Articles 2, 8, 10 and 17 of the Universal Declaration of Human Rights. The Applicant also requested that her identity should remain undisclosed, although without giving any specific reason.
The Referral was based on paragraphs 1 and 7 of Article 113 of the Constitution, Articles 22 and 47 of Law No. 03/L-121 on the Constitutional Court, and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court, in accordance with Article 113.7 of the Constitution, Article 20 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 there has been a violation of Article 31, 32 and 54 of the Constitution, in conjunction with Article 6.1 and 13 of the ECHR;

III. TO HOLD that there has been a violation of Article 46 of the Constitution, in conjunction with Article 1 of the Protocol No. 1 of the ECHR;

IV. TO HOLD that the Decision of HPCC, dated 30 April 2005 and Judgment P.No.462/10 of the Municipal Court of Prizren, of 21 December 2011, are final decisions and as such must be enforced by the responsible public authorities;

V. TO REPEAL the Decision [CA.No.2093/2017] of the Court of Appeals, of 29 January 2018, and the Decision [I.No.1241/12] of the Basic Court in Prizren, of 27 February 2017;

VI. TO ORDER the Basic Court in Prizren, that in accordance with Rule 66 of the Rules of Procedure of the Court, to notify the Constitutional Court, as soon as possible, but not later than 3 (three) months, respectively until 3 May 2021, on the measures taken to implement the Judgment of this Court;

2. Case: KI 98/19
Applicant: Insurance Company “EUROSIG SH. A.”

The subject matter of the Referral was the constitutional review of Judgment [E. Rev. No. 39/2018] of the Supreme Court of Kosovo, of 8 January 2019, whereby the Applicant’s request for revision against Judgment [AE. No. 91/2016] of the Court of Appeals of Kosovo, of 31 August 2018, has been rejected. The Applicant alleged that the challenged decision violated its fundamental rights and freedoms guaranteed by Article 24 [Equality before the Law] and Article 31 [Right to a Fair Trial and Impartial] 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 Article 113.7 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 132/19
Applicant: Kosovo Energy Cooperation (KEK)

The subject matter of the Referral was the constitutional review of Judgment [ARJ-UZVP. No. 72/2018] of the Supreme Court of Kosovo, of 16 April 2019, whereby the Applicant alleged violation of its fundamental rights and freedoms guaranteed by Article 3 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 46 [Protection of Property], 54 [Judicial Protection of Rights] and Article 102 [General Principles of the Judicial System] of the Constitution of the Republic of Kosovo.
The Referral was based on paragraph 4 of Article 21 and paragraphs 1 and 7 of Article 113 of the Constitution, Article 47 of Law No. 03/L-121 on the Constitutional Court, and 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.

4. Case: KI 213/19
Applicant: Atdhe Dema

The subject matter of the Referral was the constitutional review of Decision [CML. No. 11/2019] of the Supreme Court of Kosovo, of 9 September 2019, whereby the Applicant’s request for protection of legality exercised against the Decision [C.nr. 3475/18], of the Basic Court of Prishtina, of 28 December 2018, and Decision [AC.nr.2504/19] of the Court of Appeals of Kosovo, of 31 May 2019, was rejected as ungrounded. The Applicant alleged that the challenged decision violated his fundamental rights and freedoms guaranteed by Article 23 [Human Dignity] of the Constitution of the Republic of Kosovo. The Applicant also alleged a violation of the right to an impartial tribunal, as guaranteed by Article 31 [Right to a Fair and Impartial Trial] of the Constitution, in conjunction with Article 6.1 [Right to a Fair Trial] of European Convention on Human Rights.
The Referral was based on paragraph 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], 27 [Interim Measures] and 47 [Individual Requests] of Law No. 03/L-121 on the Constitutional Court, and Rule 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 and 47 of the Law on the Constitutional Court and Rules 39 (1)(b), 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

5. Case: KI 24/20
Applicant: “PAMEX SH.P.K”

The subject matter of the Referral was the constitutional review of Judgment [Ae.No.179/2017] of the Department of Economic Affairs of the Court of Appeals of the Republic of Kosovo, dated 11 November 2019, in conjunction with Judgment [III.EK.No.201/15] of the Department of Economic Affairs of the Basic Court of Prishtina, dated 25 May 2017. The Applicant alleged that the challenged judgment 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 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 (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, 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 there has been a violation of Article 31 [Right to Fair and Impartial Trial] of the Constitution and Article 6 [Right to a fair trial] of the European Convention on Human Rights;

III. TO DECLARE Judgment [Ae.No.179/2017] of the Court of Appeals, of 11 November 2019, null and void;

IV. TO REMAND Judgment [Ae.No.179/2017] of the Court of Appeals, of 11 November 2019, for reconsideration in compliance with the Judgment of this Court;

V. TO ORDER Court of Appeals to notify the Court, in accordance with Rule 66 (5) of the Rules of Procedure, until 2 August 2021, on the measures taken to implement the Judgment of the Court;

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

6. Case: KI 30/20 and KI 31/20
Applicant: Sibin Ristić

The subject matter of the Referral was the constitutional review of two Judgments of the Supreme Court of Kosovo Property Agency Related Matters, Judgment [GSK-KPA-A-239/2015], of 20 October 2018 and Judgment [GSK-KPA-A-238/2015], of 15 November 2018. The Applicant alleged that the challenged decisions violated his fundamental rights and freedoms guaranteed by 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 European Convention on Human Rights.
The Referral was based on paragraph 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 47 of the Law on the Constitutional Court and Rules 39 (1)(b), 39 (2) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.

7. Case: KI 59/20
Applicant: Ramadan Sopaj

The subject matter of the Referral was the constitutional review of Judgment [Pml.No.319/2019] of the Supreme Court of Kosovo, of 10 December 2019, in conjunction with Judgment [PAKR.No.235/2019] of the Court of Appeals of Kosovo, of 19 June 2019, and Judgment [PM.No.294/2019] of the Basic Court of Prishtina, of 17 January 2019. The Applicant alleged that the challenged decisions violated his fundamental rights and freedoms guaranteed by Article 22 [Direct Applicability of International Agreements and Instruments], 24 [Equality before the Law] and 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, and Article 6 (Right to a Fair Trial) of European Convention on Human Rights.
The Referral was based on paragraph 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Articles 22 [Processing Referrals], 27 [Interim Measures] 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 (2), 57 (4)(a) and 59 (2) of the Rules of Procedure, the Referral be declared inadmissible.