- The Constitutional Court
KI193/20, Applicant: Bujar Hoti, constitutional review of Decision C. No. 257/2019 of the Basic Court in Prishtina – branch in Gllogoc, of 17 December 2020.
KI193/20 Resolution on inadmissibility, of 5 May 2021, published on 24 May 2021
Keywords: individual referral, equality before the law, right to work and exercise profession, non-exhaustion of legal remedies, inadmissible referral
The Applicant challenged before the Constitutional Court the constitutionality of Decision C. No. 257/2019 of the Basic Court in Prishtina – branch in Gllogoc, of 17 December 2020, alleging a violation of the rights guaranteed by Articles 24 and 49 of the Constitution of the Republic of Kosovo (hereinafter: the Constitution).
In the present case, the Court noted that against the challenged Decision C. No. 257/2019 of the Basic Court in Prishtina- branch in Gllogoc, of 17 December 2020, there was a possibility to file an appeal with the Court of Appeals as a regular legal remedy, as instructed by the Basic Court in Prishtina – branch in Gllogoc in the legal remedy, which states: “against this decision is allowed the appeal within 15 days from the day of receiving the latter, with the Court of Appeals in Prishtina, through this Court”. However, the Applicant did not use such an opportunity, therefore, the Court concludes that his Referral should be declared inadmissible, as not all legal remedies have been exhausted in accordance with Article 113.7 of the Constitution, Article 47 (2) of the Law and Rule 39 (1) (b) of the Rules of Procedure.
KI – Individual Referral
Legal remedies are not exhausted