Constitutional Court

The Applicant, an NGO, filed a Referral pursuant to Articles 113.7 and 116.2 of the Constitution, asserting that its rights to effective legal remedies under Articles 22.3 and 32 of the Constitution, and Article 1 of Protocol 1.1 of the European Convention on Human Rights, were infringed by the Prishtina Municipal Assembly’s annulment of a long-standing contract for use of a building, which was allegedly politically motivated. The Applicant requested suspension of the decision as an interim measure, The Court held that the Referral was premature and inadmissible pursuant to Article 113.7 because a lawsuit filed by the Applicant was still pending in the Municipal Court, reflecting that the exhaustion of all legal remedies prerequisite was not fulfilled. The Court emphasized that the rationale of the exhaustion requirement was a presumption that the Kosovo legal system would prevent or remedy constitutional violations, citing Selmouni v. France, It also noted that the Applicant’s dissatisfaction with the outcome below was an insufficient basis for an appeal, citing Whiteside v. the United Kingdom. Similarly, pursuant to Article 116.2 of the Constitution, Article 27 of the Law on the Constitutional Court, and Rule 51.2 of the Rules of Procedure, the Court denied the request for interim measures because the Applicant fail to demonstrate the potential for irreparable damage or how the public interest would be served by the measures