Resolution

Constitutional review of the Kosovo Judicial Council decisions nos.4/2013 and 32/2013, dated 4 January 2013 respectively 25 January 2013

Case No. KI 51/12

Applicant: Sahit Sylejmani

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The Referral is based on Article 113,7 of the Constitution, Articles 20, 22,7 and 22,8 of the Law and Rule 56 (2) of the Rules of Procedure,The Applicant, among others, claimed that the decisions of Kosovo Judicial Council regarding the level of his salary as the President of the Special Chamber of the Supreme Court of Kosovo are not based on the law, and as such, they violate the constitutional right to work and exercise profession, The Applicant also requested from the Court to five its legal opinion with respect to the level of his salary as the President of the Special Chamber of the Supreme Court of Kosovo, The Court concluded that the Applicant has not exhausted all legal remedies regarding the decisions of the Kosovo Judicial Council with respect to the height of his salary, As to the Applicant’s request for interpretation of the legal basis pertinent to his salary, the Court considers that it is questionable whether such a request for an advisory opinion can be raised by the Applicant as an individual party filing his referral pursuant to Article 113,7 of the Constitution, Due to the mentioned reasons, the Court, based on Article 113,7 of the Constitution, Article 47,2 of the Law and Rule 36 (1) a) of the Rules of Procedure, decided to reject the Referral as inadmissible

Applicant:

Sahit Sylejmani

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil