Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution contending that the Supreme Court of Serbia violated his Constitutional rights in 2000 when affirming a 1998 decision by the Peja District Court upholding in the Djakova Municipal Court’s 1997 annulment of a contract involving donation of land by his mother to him. The Gjakova Cadastral Office annulled his registration of the property in July 2009 on deception grounds, and the Applicant’s appeal to the Kosovo Cadastral Agency (KCA), was pending. The Referral did not allege a violation of a specific Constitutional right; the Court itself specified Article 46, First, the Court held that the Referral was inadmissible pursuant to Article 113.7 of the Constitution and Article 47.2 of the Law on the Constitutional Court because all legal remedies had not been exhausted in view of the pendency of the KCA appeal, citing Selmouni v. France for the proposition that the exhaustion rule assumes that the Kosovo legal system will provide effective legal remedies for constitutional rights violations. Second, the Court held that even if legal remedies had been exhausted, the Referral was inadmissible because the alleged violation happened prior to the implementation of the Constitution and an institution of the Republic of Kosovo did not perform the challenged acts, citing Blečić v. Croatia