Resolution

Request for constitutional review of the Decision of the President of the Republic of Kosovo, No. 686-2013, of 6 September 2013

Case No. KI 142/13

Applicant: Fadil Maloku

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The Applicant claimed that the Decision no, 686-2013 of 6 September 2013 of the President of the Republic of Kosovo, violates the Applicant’s constitutional rights, guaranteed by Article 21 paragraphs 1, 2, 3 and 4 [General Principles], Article 22 paragraphs 1, 2 and 3 [Direct Applicability of International Agreements and Instruments], Article 23 [Human Dignity], Article 45 paragraph 3 [Freedom of Election and Participation], Article 55 paragraph 5 [Limitations on Fundamental Rights and Freedoms], Article 4 paragraph 1 item (d) [Prohibition on Fundamental Rights and Freedoms], and Article 18 [Limitation on use of restrictions on rights] of ECHR and by Article 19 of Universal Declaration of Human Rights, In this Case, the Court notes that the Applicant challenges the Decision of the President of the Republic of Kosovo, No, 686-2013 of 6 September 2013, regarding the termination of the Applicant’s mandate as member of the Central Election Commission of the Republic of Kosovo, The Applicant in this case has failed to prove that he has exhausted effective legal remedies available under the laws in force, against the contested decision, In this respect, the Court found that the Applicant’s Referral does not meet the procedural requirements for admissibility, as required by Article 113,7 of the Constitution, and therefore, the Referral is declared inadmissible

Applicant:

Fadil Maloku

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

administrative