Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that an unspecified right to compensation was infringed by actions of the Pristina Municipal and District Courts because of delays in disposition of a pension claim originating in 2001, prolonging a temporary social assistance arrangement involving an amount lesser than his pension, The matter was complicated by the privatization of his former employer in 2007 and an appeal was still pending in the District Court, The Court held that the Referral was inadmissible pursuant to Articles 53 and 113.7 of the Constitution, and Article 47.2 on the Law of the Constitutional Court due to a failure to exhaust all legal remedies, noting that an appeal was still pending in the District Court and the Applicant’s failure to assert why that remedial effort would be futile, citing AAB-RIINVEST University vs. the Government of Kosovo. The Court also held that the Referral was inadmissible because the Applicant failed to specify the Constitutional rights and freedoms that were violated, citing Article 48 of the Law on the Constitutional Court and, generally, decisional law of the European Court on Human Rights