Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his Constitutional rights were infringed by a decision of the Prishtina District Court, which affirmed the Peja Municipal Court’s refusal to execute a favorable judgment in an employment termination matter on the ground that the judgment did not adjudicate the monetary damages to be collected, The District Court advised the Applicant to take additional legal steps to implement the collection process, The Court held that the Referral was inadmissible pursuant to Article 113.7 because the Applicant did not fulfill the prerequisite exhaustion of all legal remedies by initiating the collection action recommended by the District Court. The Court emphasized that the rationale for the exhaustion rule is to provide an opportunity for the Kosovo legal system to prevent or remedy a constitutional violation, citing AAB-RIINVEST University L.L.C. vs. Government of Kosovo and Selmouni v. France