Constitutional Court

The Applicants filed the Referral based on Article 113,7 of the Constitution of Kosovo, claiming that District Court in Prizren, both procedurally and substantially violated their rights guaranteed by Article 31 [Right to Fair and Impartial Trial] of the Constitution of the Republic of Kosovo, since according to the Applicants the District Court in Prizren did not treat their appeal in a proper manner, but only gave a general evaluation without real and based reasoning, without logical content on the refusal of the claimants’ appeal and approval of the first instance judgment,”, The Court concluded that the Applicants in their submission, have not substantiate in whatever manner, why they consider that legal remedies mentioned in Law No, 03/L-006 on Contested Procedure, would not be available, and if available, would not be effective and, therefore, not need to be exhausted and that the abstract allegation that available remedies are ineffective does not satisfy the exhaustion requirement, Therefore, the Court found the Referral inadmissible due to not exhaustion of legal remedies