Constitutional Court

KI131/17 – Request for review of the lack of response by the Secretary General of the Ministry of Education, Science and Technology

KI131/17, Applicant: Uran Halimi

Resolution on Inadmissibility, of 10 October 2018

Keywords: Individual referral, non-exhaustion of legal remedies, lack of response by public authorities, administrative silence, administrative procedure

The Applicant initially submitted his Referral to the Court by complaining that the Secretary General of MEST did not respond to the complaint he had filed. In this regard, the Applicant did not challenge any specific decision of a public authority but in fact complained about the lack of response by a public authority.

Along the proceedings conducted in the Court, the latter was notified that the Secretary General of MEST issued Decision regarding the Applicant’s appeal. Upon receipt of this information, the Court requested the Applicant to respond whether he took any procedural action to challenge the Decision of Secretary-General of MEST, or did he take a procedural step earlier to challenge the silence of this public authority.

From the responses received, the Court noted that the Applicant did not initiate (or failed to notify the Court that he has initiated) any legal action against administrative bodies which, according to his allegations, remained silent and did not respond to his appeal; nor has he confirmed to have initiated any legal action against the recent decision of the Secretary General of MEST.

The Court emphasized the fact that all Applicant’s allegations can be reviewed by the regular courts, which in fact have the mandate to review those constitutional allegations. Consequently, the Court found that the Applicant had submitted his Referral to the Constitutional Court before exhausting all effective remedies provided by the relevant legislation.

In these circumstances, the Court decided that the Applicant’s Referral is premature and is to be declared inadmissible on constitutional basis, as established by Article 113.7 of the Constitution, foreseen by Article 47 of the Law and further specified by Rule 39 (1) (b) of the Rules of Procedure.