The applicant filed a Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Decision of the Ministry of Transport and Post-Telecommunication, No. 140 of 25 January 2010, and the Applicant complain as well about two more sets of proceedings, the proceedings against the Ministry of Transport and Telecommunication and the proceedings against the Post and Telecommunication in Peja, without being specific what his complaints are about. In this respect, the Applicant alleges that PTK, MTPT, the PTK branch in Peja, should have to pay him monetary compensation for the damages allegedly done by them and that the workers of PTK should be held accountable for misconduct in exercising their official duties.
On the issue of the admissibility of the Referral, the Court held that the Referral was inadmissible because the proceedings against the Ministry of Transport and Telecommunication as well as the proceedings against the Post and Telecommunication in Peja are still pending before the Supreme Court. Furthermore, the Applicant has failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure.
Lulzim Ramaj
KI – Individual Referral
Resolution
Legal remedies are not exhausted
administrative