Constitutional Court

The Applicant filed a referral pursuant to the article 113.7 of the Constitution of Kosovo, by claiming that the Notice from the Senate of the Prishtina University, ref. no. 4/449, dated 03.12.2010, violates his rights guaranteed by the Constitution, Article 49 of the Constitution (Right to Work and Exercise the Profession) and article 25 (Right to Life).
The applicant requested a Constitutional review of the notice ref. no. 4/449, dated 03.12.2010 signed by the UP Rector, Mr. Mujë Rugova whereby the faculty of medicine (the financial service), the legal advisor of UP, the academic office and professors Mr. Shaban Hasi and Mr. Lutfi Dervishi have been notified that the selection issue of these two professors is rejected because the said persons are undergoing judicial proceedings and at the same time the financial service of UP has been obliged to remove the said persons from the payroll.

By examining the documents submitted in the Referral by the Applicant, the Court finds that the Applicant has not fulfilled the rule for the exhaustion of legal remedies because he has not provided evidence, except a complaint filed with the UP Senate, that he had followed any other legal remedy or that he has received a decision on merits from an administrative body or regular Court prior to addressing the Constitutional Court with a Referral.

The Constitutional Court has concluded that pursuant to Article 113.7 of the Constitution of the Republic of Kosovo, Article 47.2 of the Law on the Constitutional Court and rule 36.1 (a) of the Rules of Procedure, to reject the referral.