Resolution

Constitutional Review of the Notification of the Kosovo Judicial Council on the reappointment of judges and prosecutors, No. 01/118-658, dated 27 October 2010

Case No. KI 139/11

Applicant: Ali Latifi

The Applicant his Referral submitted based on Article 113.7 of the Constitution of Kosovo, claiming that his constitutional rights have been violated by the notification informing him that his mandate as a judge with the Municipal Court of Minor Offence in Prishtina ceases on 27 October 2010. The Applicant alleges that that his rights as guaranteed by Articles 5 [Languages], 32 [Right to Legal Remedies], 104 [Appointment and Removal of Judges] and 108 [Kosovo Judicial Council] of the Constitution of the Republic of Kosovo have been violated.
The Court concluded that the Applicant’s Referral is inadmissible based on Article 113.7 of the Constitution in conjunction with Article 47.2 of the Law, because the Applicant has not exhausted all legal remedies provided by the Law. The Court justified its decision stating that the Applicant has not taken any steps to solve his request as it is provided by respective legal provisions. Due to the reasons mentioned above, the Court decided to reject the Applicant’s Referral as inadmissible.

Applicant:

Ali Latifi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil