Constitutional Court

KI138/17, Applicant, The Government of the Republic of Kosovo – Ministry of Education, Science and Technology, Constitutional review of Judgment IV. EK. no. 500/15 of the Basic Court in Prishtina, of 21 April 2017, and Notice KMLC. no. 73/2017 of the Chief State Prosecutor of 24 September 2017

KI 138/17, Resolution on inadmissibility of 24 May 2018, published on 12 June 2018

Key words: individual referral/legal entity, principle of subsidiary

On 21 April 2017, the Basic Court, Department for Commercial Matters, by Judgment IV. EK. no. 500/15. granted the statement of claim of AAB College in entirety, thereby obliging the Ministry of Education, Science and Technology to pay AAB College €206,820.00 due to ungrounded enrichment. On 24 July 2017, the Chief State Prosecutor (Notice KMLC no. 73/2017), acting upon the Applicant’s request for protection of legality, rejected the request, emphasizing that the Applicant had not submitted any appeal against the first-instance court decision and that there are no sufficient grounds to submit a request for protection of legality.

The Applicant did not specify in its Referral the constitutional provisions that might have been violated. In essence, the Applicant alleged that it did not exercise the regular legal remedy against the decision of the Basic Court, Department for Commercial Matters, taking into account that the Minister’s Decision bearing ref. no. 245/013, of 24 June 2015, has an executive title, because it suspended Administrative Instruction no. 02/2015, Article 23, paragraph 10.

The Court found that the Referral is inadmissible because the Applicant had not exhausted all the legal remedies available in proceedings before the regular courts prior to submitting its Referral to the Constitutional Court.