Constitutional Court

The applicant filed a referral to assess the constitutionality of legal grounds for issuing the Administrative Instruction of the Kosovo Judicial Council (KJC) on unification of judicial fees, The applicant claimed that the KJC had no mandate to impose judicial fees by such a bylaw, due to the fact that Article 119,8 of the Constitution provides that “[,,,] each person must pay fees and other contributions as provided by law”, At the same time, the applicant requested granting of interim measures, thereby suspending further implementation of such secondary legislation until the case was decided on the merits, The Court decided that the applicant had not been able to prove that issuance of such acts resulted in a violation of his individual rights, and that in this manner he had requested an abstract review of constitutionality, Since the Article 113 of the Constitution does not allow individuals to file such a referral, the Court found that the applicant lacks locus standi-, Further, the Court decided that the applicant had also failed to prove exhaustion of all remedies available by law, before filing such referral before this Court, For these reasons, the Court decided to reject the referral as inadmissible