Constitutional Court

The applicant filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the decision of the Decision C. no. 409/06 of the Municipal Court of Ferizaj of 7 February 2008, because the Applicant’s right to work as guaranteed by the Constitution has been violated.
On the issue of the admissibility of the Referral, the Court held that the Referral was inadmissible because the Applicant effectively appealed against the Municipal Court’s decision to the District Court of Pristina, which, by Decision Ac. No. 215/08 of 27 March 2009, upheld that decision, but the Applicant has not shown that he submitted an appeal in last instance to the Supreme Court, where he should have raised the same constitutional complaints against the decisions of the Municipal Court and District Court. Only, if that remedy would not have been successful, could he have filed a Referral with this Court. As to the challenged Decision C. no. 409/06 of the Municipal Court of Ferizaj of 7 February 2008, the Court held that it was ratione temporis incompatible with the Constitution.