Vlerësim i kushtetutshmërisë së Aktgjykimit [C. nr. 865/09] të 16 majit 2016 të Gjykatës Themelore në Gjakovë



KI41/20, Applicant: Shaqir Krasniqi, Constitutional review of the Judgment [C. No. 865/09] of 16 May 2016 of the Basic Court in Gjakova.

Keywords: individual referral, non-exhaustion of legal remedies, principle of subsidiarity, inadmissible referral.

The Applicant challenges the Judgment of the Basic Court by which it was decided that “Gorenje Elektromotori j.s.c.” has the right to unilaterally terminate the contract as the Applicant did not respect the payment procedure as provided in the contract concluded between them.

The Court noted that the Applicant, having submitted the constitutional referral and previously, had not initiated an administrative procedure in the regular courts in order to challenge the judgment of the Basic Court.

The Court notes that the Applicant’s allegations are premature and that the Court – in accordance with the principle of subsidiarity – cannot assess these allegations without having been previously raised and assessed by the regular courts.

The Court also noted that the Applicant did not do anything that could reasonably be expected of him in connection with the exhaustion of legal remedies or that there are special circumstances which exempt  the Applicant of the obligation to exhaust all legal remedies.

The Court concluded that the Referral on constitutional basis, due to non-exhaustion of all legal remedies, should be declared inadmissible, in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law and Rule 39 (1) (b) of the Rules of Procedure.