- The Constitutional Court
During the Session held on 22 September 2010 the Constitutional Court of the Republic of Kosovo deliberated and voted in three cases as follows.
In the Case KI 56/09, “Fadil HOXHA and 59 others Vs. the Municipal Assembly of Prizren”, the Court deliberated and decided by majority vote that Referral is admissible. The Court also unanimously found that there has been a violation of the Applicants’ right guaranteed by Article 52(2) of the Constitution of the Republic of Kosovo .
In the Case KI 06/10, “Valon BISLIMI against Ministry of Internal Affairs, Kosovo Judicial Council and Ministry of Justice”, the Court deliberated and unanimously decided that Referral is admissible. The Court also by unanimous vote found that there has been a violation of the Applicant’s right to freedom of movement guaranteed by Article 35 (2) of the Constitution in conjunction with Article 2 of Protocol No.4 to the European Convention on Human Rights. The practice based on Memorandum of Understand ing of 21 August 2008, applied by the Ministry of Internal Affairs and Municipal Court prevents the Applicant in enjoying his right to an effective legal remedy in violation of Article 54 of the Constitution. The Ministry of Internal Affairs has to decide on the Applicant’s application for passport of 27 April 2009 in accordance with Law on Travel Documents within 30 days after receipt of this Judgment.
In the case KI 47/10, “Naim Rrustemi and 31 other Deputies of the Assembly of the Republic of Kosovo vs. His Excellency, Fatmir Sejdiu, President of the Republic of Kosovo”, the Court found, by majority vote, that the Referral, submitted on 25 June 2010, is admissible. The Court also found that there has been a serious violation of the Constitution of Kosovo, namely, Article 88.2, by His Excellency, Fatmir Sejdiu, holding the office of President of the Republic as well as the position of Chairman/President of the political party “Democratic League of Kosovo” (LDK) at the same time.
The full texts of the Judgments in the above mentioned cases will be delivered shortly.