Notifications on the decisions from the review session held on 18 February 2021

In the review session held on 18 February 2021, the Constitutional Court of the Republic of Kosovo reviewed the Referrals: 1. KI 13/20; 2. KI 16/20; 3. KI 60/20; 4. KI 86/20; 5. KI 138/20; 6. KI 163/20 and 7. KI 180/20. 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 13/20
Applicant: Hidajet Canziba

The subject matter of the Referral was the constitutional review of the Decision [AC-I-17-0032-A0001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters of 26 December 2019. The Applicant alleges that the challenged decision violated his fundamental rights and freedoms, guaranteed by Article 31 [Right to Fair and Impartial Trial] and Article 46 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 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, 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.

2. Case: KI 16/20
Applicant: Behxhet Salihu

The subject matter of the Referral was the constitutional review of the Decision [Ac. No. 4335/19], of the Court of Appeals of Kosovo of 9 September 2019, in conjunction with the Decision [C. No. 1058/19] of the Basic Court in Prishtina of 16 July 2019. The Applicant alleged that the challenged decision violated his rights and freedoms guaranteed by Articles: 31 [Right to Fair and Impartial Trial], 32 [Right to Legal Remedies], 46 [Protection of Property] and 54 [Judicial Protection of Rights] of the Constitution of the Republic of Kosovo, as well as Articles 6 (Right to a fair trial), 13 (Right to an effective remedy) and 1 (Protection of property) of 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, 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, Articles 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 60/20
Applicant: Council of the Islamic Religion Community

The subject matter of the Referral was the constitutional review of the Decision [AC. No. 4738/19], of the Court of Appeals of Kosovo of 23 January 2020, in conjunction with the Decision [PPP. No. 165 /19], of the Basic Court in Gjakova of 5 August 2019. The Applicant alleged that the challenged decision violated his 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, 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, 22, 47 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 86/20
Applicant: Company “Cosmonte Foods” l.l.c.

The subject matter of the Referral was the constitutional review of the Judgment [E. Rev. No. 50/2019] of the Supreme Court of Kosovo of 9 January 2020, whereby the Applicant alleged that his rights and freedoms guaranteed by Articles 3 [Equality Before the Law], 24 [Equality Before the Law] and 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 and Article 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 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.

5. Case: KI 138/20
Applicant: Sejdi Namani

The subject matter of the Referral was the constitutional review of the unspecified act of the public authority. In his Referral, the Applicant did not accurately clarify what fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo have been violated by an 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 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.

6. Case: KI 163/20
Applicant: “Inter-Eminex”

The subject matter of the Referral was the constitutional review of the Judgment [No. AC-I-16-02560A001] of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of 21 May 2020. The Applicant alleged that the challenged decision violated the 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, as well as Articles 6 (Right to a fair trial) and 13 (Right to an effective remedy) 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], 47 [Individual Requests] and 50 (Return to the Previous Situation) 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, 49 and 50 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.

7. Case: KI 180/20
Applicant: Agim Stublla

The subject matter of the Referral was the constitutional review of the Judgment [C. No. 753/15] of the Basic Court in Prishtina, of 28 February 2017, whereby the Applicant alleged that his fundamental rights and freedoms guaranteed by the Constitution of the Republic of Kosovo 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 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.