Resolution

Constitutional review of the Notification of the Office for Prosecutorial Assessment and Verification ZZVP/12/213 of 23 November 2012

Case No. KI 130/12

Applicant: Xhymshit Xhymshiti

The Applicant filed the Referral based on Article 113,7 of the Constitution of Kosovo, claiming that his constitutional rights have been violated by the decision of Evaluation Panel of the Kosovo Prosecutorial Council, The Applicant among others claimed that by not being recommended for the position of the Prosecutor in Gjilan and Ferizaj, the right to work and representation in public institutions employment have been violated, The Court found that the Applicant has not exhausted all legal remedies as provided by Article 113,7 of the Constitution, The Court further reasoned that the exhaustion rule is to afford the authorities concerned, including the courts, the opportunity to prevent or put right the alleged violations of the Constitution, Due to the abovementioned reasons, the Court, pursuant to Article 113,7 of the Constitution, Article 47 of the Law, and Rule 36 (1) a) of the Rules of Procedure, decided to reject the Referral as inadmissible

Applicant:

Xhymshit Xhymshiti

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

Civil