Constitutional Court

The Applicant, who was charged with unlawful practice of medicine, filed a Referral pursuant to Article 113.7 of the Constitution, contending that her rights under Articles 24, 31 and 32 of the Constitution, and Article 6 of the European Convention on Human Rights, were infringed because her legal remedies were more restricted than those of her two codefendants since they were charged with more serious offenses, which she argued was unequal and unfair, The Court held that the Referral was premature and inadmissible pursuant to Article 113.7 because she had not exhausted all legal remedies, as evidenced by the lack of a final judgment from the trial court. The Court stressed that the exhaustion rule presumes that the Kosovo legal system will prevent, or provide an effective remedy to, constitutional violations, citing Selmouni v. France, Azinas v. Cyprus, AAB-RIINVEST University L.L.C. vs. Government of Kosovo and Mimoza Kusari-Lila vs. The Central Election Commission