Constitutional assessments Blert Morina's request for exchange of gender identity

We're giving the entire communique along with the court's decision.

After 1 year and 2 months, the Constitutional Court declared the requirement for a review of constitutionality in the case of Blert Morina against the Civil Record Agency as premature. The same day, the Constitutional Court in Pristina has invited him to the session.

On Thursday, September 5, 2019, Kosovo's Constitutional Court has released the announcement that it has made a decision to announce the request for a review of constitutionality, as unacceptable and premature in the case of Blerta Morina against the Civil Record Agency, for legal recognition of Morina's gender identity. The same day, the call for hearings by the Constitutional Court in Pristina, the Department for Administrative Affairs, has reached the same case. The session is scheduled for October 9, 2019, 9:30.

On April 4, 2018, Blert Morina has asked the Bureau of Civil State in Gjakova to change the gender name and marker to identification documents so that they can conform to his gender identity. Following the refusal response of the Civil Status Office and the Civil Record Agency, July 24, 2018 Morina has filed suit for the administrative conflict against the ARC near the Foundation Court in Pristina. Once, Morina has filed a request to review the constitutionality of the ARC's refusal decision to the Constitutional Court, claiming that fundamental rights and freedoms, guaranteed with Article 23 [humanity], 24 [inequalities before the law] and 36 [the right to privacy] the Constitution of the Republic of Kosovo. Morina had demanded that the Constitutional Court consider his request and free him from the obligation to deplete legal means, with the argument that the administrative conflict with the Constitutional Court in concrete cases presents inefficient legal means to address rights violations within a reasonable term. The same thought was the ombudsman's Institute, which was involved in the procedure in the quality of the Constitutional Court's friend (Amic Curie) standing behind this argument.

The Constitutional Court of Kosovo, on the website, has published the announcement that on September 5, 2019, it has placed “its request unacceptable, as premature, with the argument that the indictment for administrative conflict exercised by the Constitutional Court is enough in theory and practice, and, as a result, in compliance with the principle of subsidariity, the Court must initially enable courts to review pre-deceivers' claims<1>. However, this Court has not yet published its rational decision, so it is not known why the request was declared premature and unacceptable.

Finally, the Court of Appeals has established an almost entirely identical case with the case of Blerta Morina. On August 2nd 2018, the AA.r.244/2019 Court of Appeals has confirmed the Constitutional Court ruling in Pristina in the M.M. case. Against the Civil Recording Agency, where it is decided to provide access to M. M. -to change the name and the gender marker in line with his gender identity. The Appeals Court has found that the Constitutional Court in Pristina has decided correctly when it positively assessed M.M.'s request. to change the name and change the gender marker from “F” to “M”. The Court of Appeals in this ruling also stressed: “rights in the protection of gender identity are protected within the right to privacy according to the GEDNJ judicial practice. According to the ECHR, the concept of right in private life is a broad term, and it cannot be caught in a narrow definition, because it included a person's physical and psychic integrity, and sometimes it can also include aspects of physical and social identity, such elements as gender identification, name, sexual orientation and sexual life, entered into the personal realm protected with Article 8 of the Convention. Therefore, since respect for human dignity remains in the very essence of KEDNJ, and even human freedoms, the right of transgjitors in personal development, physical and moral security, is protected from conventions. ”

The invitation for a court hearing by the Constitutional Court in Pristina, following six requirements for speeding up the procedure filed near this court by Blert Morina's lawyer.