Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that her right to legal remedies under Article 32 of the Constitution was infringed by a decision of the Kosovo Judicial Council (KJC) to terminate her employment as a prosecutor without notice of the reasons for termination or an opportunity for an appeal, arguing that she was entitled to complete the 3-year term of her appointment. The Applicant argued that the treatment of her termination should have been consistent with the procedures for judges under Article 104 of the Constitution, The Court held that the Applicant had failed to exhaust all legal remedies before submitting the Referral, which was therefore inadmissible pursuant to Article 113.7 because of the Applicant’s failure to appeal the KJC’s notification within the 15-day deadline imposed by Administrative Direction No. 2008/02. The Court emphasized that the rationale of the exhaustion rule involved an assumption that the Kosovo legal system would provide an effective remedy for constitutional violations, citing AAB-RIINVEST University L.L.C. vs. the Government of Kosovo and Selmouni v. France