Decisions from the review session held on 22 July 2019

In the review session held on 22 July 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the Referrals: 1. KI 169/18; 2. KI 32/19; 3. KI 77/17; 4. KI 154/17 and KI 05/18; 5. KI 15/18; 6. KI 39/18. Below you can read the brief summaries of the Court’s decisions (full texts of resolutions and judgments will be submitted to the parties, will be published on the Court’s website and in the Official Gazette during the following days/weeks):

1. Resolution
Case: KI 169/18
Applicant: Private Enforcement Agent – Sefer Sh. Arifi

The subject matter of the Referral was the constitutional review of Article 22 paragraph 3 of Law No. 05/L-118 on Amending and Supplementing the Law No. 04/L-139 on Enforcement Procedure, in conjunction with Article 247 of the Law No. 04-L/139 on Enforcement Procedure. 3. The Applicant alleged that Article 22 paragraph 3 of the Law on Amending and Supplementing the Law on Enforcement Procedure, which amended Article 234 of the Law on Enforcement Procedure, is in violation of Article 247 of the Law on Enforcement Procedure, and it is discriminatory and contrary to the Constitution of the Republic of Kosovo.
The Referral was based on Article 113.8 of the Constitution of the Republic of Kosovo, Articles 51, 52 and 53 of the Law on the Constitutional Court and Rule 77 of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral inadmissible for failure to meet the admissibility criteria established in Article 113.8 of the Constitution, Article 20 of the Law on the Constitutional Court and Rule 59 (2) of the Rules of Procedure of the Court.

2. Resolution
Case: KI 32/19
Applicant: Sylejman Januzi

The subject matter of the Referral was the constitutional review of Decision [Rev. No. 397/2018] of the Supreme Court of the Republic of Kosovo, of 11 December 2018, which allegedly violated the Applicant’s rights guaranteed by Articles 3 [Equality Before the Law], 4 [Form of Government and Separation of Power], 21 [General Principles], 22 [Direct Applicability of International Agreements and Instruments], 31 [Right to Fair and Impartial Trial], and 57 [General Principles] of the Constitution of the Republic of Kosovo (hereinafter: the Constitution) and Article 6 [Right to a fair trial] of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
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 and Rule 32 [Filing of Referrals and Replies] of the Rules of Procedure of the Constitutional Court.
– The Court declared the Referral as manifestly ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria established in Rule 39 (2) of the Rules of Procedure of the Court.

3. Resolution
Case: KI 77/17
Applicant: Sherif Aga

The subject matter of the Referral was the constitutional review of the two challenged decisions of the Municipal Assembly, which have allegedly violated the fundamental rights of non-majority communities guaranteed by Articles 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], 46 [Protection of Property], 52 [Responsibility for the Environment], and 58 [Responsibility of the State] of the Constitution of the Republic of Kosovo.
The Referral was based on paragraph 4 of Article 62 of the Constitution, and Article 55 of the Law No. 03/L-040 on Local Self-Government and Rule 79 of the Rules of Procedure of the Constitutional Court.
– The Court, by majority of votes, held that the Referral is inadmissible in accordance with Article 62 of the Constitution.

4. Resolution
Case: KI 154/17 dhe KI 05/18
Applicant: Basri Deva, Afërdita Deva and the Limited Liability Company “BARBAS”

The subject matter of the Referrals was the constitutional review of the challenged decision of the Court of Appeals, which allegedly violated the Applicants’ rights and fundamental freedoms guaranteed by Articles 22 [Direct Applicability of International Agreements and Instruments], 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, as well as Articles 46 [Protection of Property], and 54 [Judicial Protection of Rights] of the Constitution.
The Referrals were based on paragraph 4 of Article 21 [General Principles] and paragraphs 1 and 7 of Article 113 [Jurisdiction and the 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 Article 113.7 of the Constitution, Articles 47 and 49 of the Law on the Constitutional Court and Rules 39 (1) (c), 39 (2) and 57 (1) of the Rules of Procedure of the Court, unanimously decided to ‘declare the Referrals inadmissible.

5. Resolution
Case: KI 15/18
Applicant: Fehmi Hasani

The subject matter of the Referral was the constitutional review of the challenged decision, which allegedly violated the Applicant’s rights guaranteed by Article 21 [General Principles], Article 24 [Equality Before the Law], 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), Article 54 [Judicial Protection of Rights] of the Constitution in conjunction with Article 13 [Right to an effective remedy] of the ECHR and Article 7 of the Universal Declaration of 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 Court declared the Referral as ill-founded on constitutional basis and therefore inadmissible for failure to meet the admissibility criteria established in Article 48 of the Law on the Constitutional Court, in conjunction with Rule 39 (2) of the Rules of Procedure of the Court.

6. Resolution
Case: KI 39/18
Applicant: Bujar Hoti

The subject matter of the Referral was the constitutional review of the challenged judgment, which allegedly violated the Applicant’s 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.
The Referral was based on paragraphs 1 and 7 of Article 113 [Jurisdiction and Authorized Parties] of the Constitution, Article 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 decided that the Referral is inadmissible, as the Applicant has not exhausted legal remedies under Article 113.7 of the Constitution, Article 47 paragraph 2 of the Law on the Constitutional Court and Rule 39 (1) (b) of the Rules of Procedure of the Court.