Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution contending that Gjakova Municipality’s failure to implement a decision of the Independent Oversight Board (IOB) requiring a review of the case and adoption of a merited decision violated his rights under Articles 21.1 and 49.1 of the Constitution. In reply, the Municipality argued that the Referral was not ripe for decision because its appeal of the Gjakova Municipal Court’s award of unpaid salary was still pending in the Peja District Court, The Court held that the Referral was inadmissible pursuant to Article 113.7 of the Constitution and Article 47 of the Law on the Constitutional Court because the municipality’s appeal was still pending in the District Court, reflecting that all legal remedies had yet to be exhausted. The Court’s ruling indicated that the exhaustion rule is based on an assumption that the Kosovo legal system will provide an effective remedy for a constitutional violation