Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, contending without clearly specifying a particular Constitutional provision that his rights were infringed by the Gjilan Municipal Court’s failure to execute a judgment that he obtained following a contract dispute. The commercial debtor was liquidated after the judgment became final and executable, The Court held that the Referral was inadmissible pursuant to Article 113.7 because the Applicant filed to exhaust his legal remedies by appealing to the Special Chamber of the Supreme Court, which had appropriate jurisdiction, emphasizing the presumption that the Kosovo legal system will provide effective legal remedies for Constitutional violations, citing Selmouni v. France, The Court added that a party’s mere assumption that an appeal would be futile is insufficient to excuse a failure to appeal to a competent authority, citing Whiteside v. The United Kingdom. The Court also indicated that the Applicant had failed to specify the rights and freedoms that were allegedly violated and the acts of a public authority that were subject to challenge, citing Article 48 of the Law on the Constitutional Court