Constitutional Court

The applicant filed a referral claiming that due to failure to implement the decision of 29 June 2007 on allocation of a fund of 30,000 Euros for treatment of his daughter abroad issued by the Central Board of Ministry of Health, his right to medical treatment was violated, The allegations of the applicant were not followed by an identification of specific Constitutional provisions claimed to have been violated, The Constitutional Court decided to reject the referral as inadmissible, thereby reasoning that applicant’s complaints are related to a period before the date of entry into force of the Constitution, and therefore the referral is prescribed, Even if assumed that the applicant filed his referral in due time, the Court maintains that the applicant has in no way supported his allegations that legal remedies provided by Law on Administrative Procedure and Law on Executive Procedure would not be available, and even if they would be available, they would not be effective, Pursuant to this, the Court found that the applicant may not be considered to have met the requirements as per Article 113,7 of the Constitution, which provides that “Individuals are authorized to refer violations by public authorities of their individual rights and freedoms guaranteed by the Constitution, but only after exhaustion of all legal remedies provided by law”