Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his minor son’s rights under Articles 3 and 22 of the Constitution, Article 3 of the Convention on the Rights of the Child, and Articles 2 and 7 of the Universal Declaration of Human Rights were infringed by the slow pace of the Supreme Court’s review of a decision of the Gjakova Municipal Assembly’s Directorate of Education, which related to the discipline of a teacher for mistreatment of his son, In view of the pendency of the Supreme Court matter, the Court held that the Referral was premature and inadmissible pursuant to Article 113.7 and Article 47.2 of the Law on the Constitutional Court because the Applicant had not exhausted all legal remedies. The Court noted that the standard for assessing the reasonableness of the length of proceedings depends upon the complexity of the case, the conduct of the applicant and the relevant authorities, and the applicant’s stake in the situation, citing Frydlender v. France. It emphasized, however, that the rationale for the exhaustion rule is to afford an opportunity for preventing or resolving a Constitutional violation by reliance on the Kosovo legal system, citing AAB-RIINVEST University L.L.C. vs. the Government of Kosovo and Selmouni v. France