The applicant filed a referral pursuant to Rule 36 (3.e) of the Rules of Procedure of the Constitutional Court of the Republic of Kosovo asserting that the Constitutional Court did not take into consideration a letter which was submitted to this Court on 12 May 2011.
The Court held that the Referral was inadmissible because the Applicant as to his allegations, they are the same allegations as made in the initial Referral, which have been dealt with by this Court in its Resolution on Inadmissibility in Case No. KI. 18/10, whereby it ruled that the Applicants’ had not exhausted all available legal remedies. The Court is, therefore, barred from dealing with them here, pursuant to Rule 36(3) (e) of the Rules of Procedure. Further, the Court noted that one of the Applicant’s allegation, was a new complaint regarding the excessive length of proceedings which does not fall within the scope of the initial Referral dealt with by the Court in Resolution on Inadmissibility in Case No. KI. 18/10. However, this does not preclude the Applicants’ from submitting a new Referral complaining about the excessive length of proceedings.
Mr. Denic Mladen and Mr. Vitkovic-Denic Milorad
KI – Individual Referral
Resolution
Legal remedies are not exhausted
administrative