Constitutional Court

The Applicant filed a referral in accordance with Article 113.7 and 21.4 of the Constitution, Articles 20, 22.7 and 22.8 of the Law no. 03/L-121 on the Constitutional Court of the Republic of Kosovo, of 15 January 2009.
The applicant filed the referral with the Court on 29 October 2010.
The President of the Court, on 16 December 2010, by decision no. GJR. 110/10, appointed Judge Snezhana Botusharova as Reporting Judge. On the same date, the President, by decision no. KSH. 110/10, appointed the Review Panel, composed of: Altay Suroy (Presiding), Kadri Kryeziu and Gjyljeta Mushkolaj.
In his referral, the Applicant claims that there has been a violation of his rights to work, as guaranteed by the Constitution, since the Municipality of Junik, on 20 July 2009, rendered a decision rejecting the complaint of the Applicant, and found that the applicant had “violated the Administrative Order no. 2003/2 implementing Directive no. 2001/36 on Civil Service of Kosovo, namely Article 30, paragraph 1, item j), “Violent, threatening or abusive behaviour or language at the work place“.
Upon review of the Referral, the Court found that the Applicant had failed to raise or claim such alleged violations with the Supreme Court of the Republic of Kosovo, The Court found that the Applicant had not exhausted all legal remedies available by applied legislation, as provided upon by Article 113, paragraph 7 of the Constitution, Based on such reasons, the Constitutional Court, pursuant to Article 113, paragraph 7 of the Constitution, Article 20 of the Law on the Constitutional Court, and Rule 36 of the Rules of Procedure, on 20 May 2011, unanimously decided to REJECT the referral as inadmissible