Constitutional Court

The Applicant filed a Referral pursuant to Articles 113.7 and 116.2 of the Constitution, contending that Administrative Instruction No. 14/2009 on Vehicle issued by the Ministry of Internal Affairs (MIA) violated Article 21.1 of the Constitution because it required the Applicant to pay a fee for replacement of license plates despite the fact that they were undamaged, which contradicted a provision of the Instruction, The Applicant requested an interim measure requiring restitution of the fee to him and suspending the mandatory fee for all citizens until disposition of the Referral,
The Court held that the Referral was inadmissible pursuant to Articles 113.1 and 113.7 of the Constitution because the Applicant failed to exhaust all legal remedies, noting that he did not pursue an appeal to the Supreme Court before submitting a Referral, citing Whiteside v. the United Kingdom, Selmouni v. France, AAB-RIINVEST University L.L.C. vs. Government of Kosovo, and Mimoza Kusari Lila vs. The Central Election Commission. The Court denied the request for interim measures pursuant to Article 116.2 of the Constitution and Article 27 of the Law on the Constitutional Court because the Applicant did not substantiate the potential for irreparable damage or that such measures would be in the public interest