Constitutional Court

The Applicant filed a Referral pursuant to 113.7 of the Constitution contending that the Peja Municipal Court’s dismissal on jurisdiction grounds of her request to amend a child custody order violated her right to equal protection under Article 24.1 of the Constitution, arguing that the original order was burdensome and affected her employment relations, The Court held that the Referral was inadmissible due to a failure to exhaust all legal remedies due to the Applicant’s failure to appeal the decision within the 15-day deadline. The Court noted that exhaustion is required by Article 113.7 and Rule 36.1(a) of the Rules of Procedure in order to permit the Kosovo legal system to prevent and correct Constitutional violations, citing Selmouni v. France, Hamide Osaj vs. the Supreme Court, and Muhamet Bucaliu vs. the Public Prosecutor, The Court also noted that the Municipal Court had merely approved an agreement on custody and visitation reached by the parties, indicating that either party may seek a modification upon a showing of changed circumstances