Constitutional Court

The applicant filed a referral alleging that decision no, 01/73 of the Government of Kosovo, by which the applicant was given the name “College” instead of “University”, was in violation of the Constitution and applicable law, The applicant claimed that the Government was not authorized and had no legal and constitutional grounds to issue the above mentioned decision, since no provision of applicable law, including the applicable law on higher education, gives the Government the authority to issue such a decision, At the same time, the applicant considered that the challenged decision had violated Article 48,2 of Constitution, thus violating academic freedom and Article 24 of the Constitution, which guarantees equality before law, The Court rejected the referral as inadmissible, with reasoning that the applicant cannot be considered to have met the requirements of Article 113,7 of the Constitution, which provides that “individuals are authorized to refer violations by public authorities ,,, only after exhaustion of all legal remedies provided by law”, The Court found that the applicant had failed to submit any evidence to show he had appealed against the Government decision, or he has used other legal remedies available by law, Further, the Court underlined that individual applicants are required to exhaust only legal remedies that are effective, stating that discretionary or extraordinary remedies need not be exhausted