Sami Bunjaku vs. Decision of the Trial Panel of the Special Chamber of the Supreme Court, SCC 10-0079, and the Constitutionality of UNMIK Administrative Direction No. 2008/6 amending and replacing UNMIK Administrative Direction No. 2006/17, implementing UNMIK Regulation No. 2002/13 on the establishment of a Special Chamber of the Supreme Court of Kosovo Trust Agency Related Matters
Case No. KI 34/11
Applicant: Sami Bunjaku
The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his rights under Articles 5, 23, 24 and 31 of the Constitution were infringed by a decision of the Special Chamber of the Supreme Court, which dismissed the Applicant’s claim for verification of land ownership because of his failure to abide by an Order requiring translation of all court submissions into English as required by UNMIK Regulation No. 2002/13. The Applicant argued that the judgment of the Special Chamber was unjust because it required the use of a non-official language when communicating with the court, adding that a remedy would be in the public interest, The Court held that the Referral was inadmissible pursuant to Article 113.7 of the Constitution and Article 47.2 of the Law on the Constitutional Court because his appeal to the Appellate Panel of the Special Chamber was still pending, which reflected a failure to meet the prerequisite of exhaustion of all legal remedies, citing AAB-RIINVEST University L.L.C. vs. the Government of Kosovo and Selmouni v. France. The Court also held pursuant to Article 113.2 of the Constitution that the Applicant was not an authorized party to a challenge of the constitutionality of a law
Sami Bunjaku
KI – Individual Referral
Resolution
Legal remedies are not exhausted
administrative