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BULLETIN of CASE LAW Volume I January – June 2016 BULLETIN OF CASE LAW Volume I January – June 2016 BULLETIN OF CASE LAW 2 Publisher: Constitutional Court of the Republic of Kosovo Editorial Board: Mrs Arta Rama-Hajrizi, President of the Constitutional Court, Prof Dr. Ivan Cukalovic, Vice-President of the Constitutional Court, Mr. Almiro Rodrigues, Judge of the Constitutional Court, Prof. Dr. Snezhana Botusharova, Judge of the Constitutional Court, Mr. Milot Vokshi, Secretary General of the Constitutional Court, Legal Office, Constitutional Court; Contributors: Dr. Karl Weber, Project Manager, GIZ Mrs. Pranvera Ejupi- Hajzeraj, Project Coordinator, GIZ Mr. Selim Selimi, Legal Expert Novus Consulting © 2016 Constitutional Court of Kosovo Copyright: No part of this edition may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, without the prior written approval of the Constitutional Court of the Republic of Kosovo (hereinafter: the Constitutional Court), unless such copying is expressly permitted by the relevant copyright law. Disclaimer: According to Article 116.4 of the Constitution of the Republic of Kosovo, the decisions of the Constitutional Court are published in the Official Gazette of the Republic, which is the primary source for the decisions of the Constitutional Court. This Bulletin does not replace the primary source for the decisions of the Constitutional Court. In case of conflicts or inconsistencies between the decisions published in this Bulletin and the decisions published in the Official Gazette of the Republic of Kosovo, the latter shall prevail. The purpose of the summary of the decisions is to provide a general factual and legal overview of the cases and a brief summary of the decisions of the Constitutional Court. The summary of decisions and judgments has been compiled by the “Project Legal Reform” implemented by Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ),, and as such, they do not replace the decisions of the Constitutional Court nor do they represent the actual form of the decisions / judgments of the Constitutional Court. BULLETIN OF CASE LAW 3 BULLETIN OF CASE LAW January – June 2016 OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KOSOVO This Bulletin is published by the Constitutional Court of the Republic of Kosovo in cooperation with “Project for Legal and Administrative Reform”, implemented by Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) GmbH, with the support of German Ministry for Economic Cooperation and Development (BMZ) BULLETIN OF CASE LAW 4 BULLETIN OF CASE LAW 5 Table of Contents: 1. Foreword ............................................................................................................................... 11 2. KI63/15, Applicant Bedri Haxhi Halili from Vushtrri who requests Constitutional Review of Decision 508/15, of the Disciplinary Committee of the Municipal Islamic Community in Vushtrri, of 4 May 2015 ................................................................................................... 12 3. KI135/14, Applicant IKK Classic, Constitutional Review of Judgment E. Rev. No. 21/2014, of the Supreme Court of Kosovo, of 8 April 2014. ............................................... 17 4. Case KI135/14 Dissenting Opinion ..................................................................................... 18 5. KI111/15, Applicant Musa Shkodra, Constitutional review of Judgment E. Rev. 64/2014, of the Supreme Court, of 18 March 2015 ............................................................................ 35 6. KI101/15, Applicant: Rujdi Kasemlari, who requests constitutional review of Decision AC-I-14-0211-A0001, of the Appellate Panel of the Special Chamber of the Supreme Court on Privatization Agency of Kosovo Related Matters, of 19 March 2015 ................. 42 7. KI98/15, Applicant: Shpendim Bokshi, Constitutional review of Decision Ac. No. 4223/2014 of the Court of Appeals of Kosovo, of 25 March 2015 ..................................... 49 8. KI91/15, Applicant Kadri Sherifi, Request for Constitutional Review of Judgment AP. no. 320/2011, of the Supreme Court of the Republic of Kosovo, of 18 January 2012. ........... 57 9. KI43/15, Applicant: ECO-HIGJIENA L.L.C. from Gjilan, who requests constitutional review of Judgment C. no. 381/2014 of the Basic Court in Gjilan, of 3 December 2014 . 63 10. K1l00/15, Applicants: Nurten Luboteni, Gazmend Luboteni, Suna Buqinca, Lulieta Hoxha, Mytaher Luboteni, Valbon Luboteni, Veton Luboteni, Diellza Luboteni, Rona Luboteni, Edi Luboteni and Bashkim Spahiu, who request Constitutional Review of Judgment AC-I-14-0314, of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of 23 December 2014 ....................................................................................................................................... 71 11. KI132/15, Applicant Visoki Decani Monastery, Request for constitutional review of two Decisions of 12 June 2015, Nos. AC-I-13-0008 and AC-I-13-0009, of the Appellate Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo on Privatization Agency of Kosovo related matters ....................................................................................... 76 12. KI41/15, Applicant Xheladin Berisha, Constitutional Review of Judgment Rev. no. 27/2015, of the Supreme Court, of 12 February 2015. ....................................................... 81 BULLETIN OF CASE LAW 6 13. No. KI125/15, Applicants Safet Elshani and others, Constitutional Review of the Judgment, ARJ-UZVP No. 19/2015 of the Supreme Court of the Republic of Kosovo, of 28 May 2015 ........................................................................................................................ 88 14. KI70/15, Applicant Nada Zvezdić, Constitutional Review of Decision C-III-12-1681, of the Specialized Panel of the Special Chamber of the Supreme Court of the Republic of Kosovo on Privatization Agency of Kosovo Related Matters, of 4 November 2013. ......... 97 15. KI126/15, Applicant: Hajzer Aliu, Constitutional review of Judgment Rev. no. 103/2015 of the Supreme Court of Kosovo, of 6 May 2015 .............................................................. 104 16. KI55/15, Applicant Elife Murseli, Request for Reconsideration of Resolution on inadmissibility KI159/14, of the Constitutional Court of the Republic of Kosovo, of 14 April 2015. ........................................................................................................................... 111 17. KI135/15, Applicant Boban Marinković, Request for Constitutional Review of Judgment AC-I-14-0311-Aoo01-A0023, of the Appellate Panel of the Special Chamber of the Supreme Court of Kosovo on Privatization Agency of Kosovo Related Matters, of 15 July 2015. .................................................................................................................................... 117 18. KI129/15, Applicant Rrahim Ramadani, Constitutional Review of Judgment CML. no. 6/2014, of the Supreme Court of Kosovo, of 24 February 2015. ..................................... 123 19. KI143/15, Applicant: Donika Kadaj-Bujupi, constitutional review of Decision PN1. No. 2059/2015 of the Court of Appeal, of 23 November 2015 ............................................... 128 20. KI106/15, Applicant: Predrag Stojčetovič, Constitutional Review of Judgment GSK-KPA- A-035/14, of Supreme Court of Kosovo, Appellate Panel of PAK, of 13 may 2015 ......... 135 21. KI92/15, Applicant Naim Sejdiaj, Request for Constitutional Review of Decision AC. no. 4891/2014, of the Court of Appeal of Kosovo, of 27 February 2015. ............................... 142 22. KI82/14, Applicant Gani Lahu, Request for constitutional Review of Decision Rev. No. 297/2013 of the Supreme Court of the Republic of Kosovo of 18 December 2013 ......... 149 23. KI60/15, Applicant Avni Grajqevci, Constitutional Review of Judgment Pml. no. 54/2015, of the Supreme Court of Kosovo, of 16 March 2015. ........................................ 158 24. KI109/15, Applicant Milazim Nrecaj, Request for Constitutional Review of Decision No. 171, of the Ministry of Labour and Social Welfare of the Government of Kosovo, of 9 June 2011. ................................................................................................................................... 166 25. KI108/15, Applicant Sylejman Meta, Constitutional Review of Decision Ac. no. 1328/2015, of the Court of Appeal of Kosovo, of 27 April 2015. ...................................... 172 26. KI102/15 and KI115/15, Applicants Ilmi Gashi and Naser Raçi, Constitutional Review of Judgments of the Supreme Court Rev. No. 76/2015, dated 2 April 2015 and Rev. No 89/2015, dated 15 April 2015. ............................................................................................ 181 27. KI97/15, Applicant Veli Kuçi, Constitutional Review of Judgment Rev. no. 137/2015, of the Supreme Court of Kosovo, of 5 May 2015 .................................................................. 189 BULLETIN OF CASE LAW 7 28. KI54/15, Applicant Melihate Nura from Prishtina who requests Constitutional Review of Judgment ARJ. No. 31/2014, of the Supreme Court, of 14 January 2015 ...................... 196 29. KI120/15, Applicant Retki Bytyqi, Request for Constitutional Review of Judgment AC-I- 14-0220-Ao01- A0013, of the Appellate Panel of the Special Chamber of the Supreme Court of
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