Constitutional Court

KI28/20, Applicant: Amir Hamza, constitutional review of unspecified decisions or acts of public authorities

KI28/20, decision to reject the Referral of 4 November 2020, published on 15 December 2020

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

The Applicant challenges Notification No. 03/116/1083/1 of the Police Inspectorate of the Ministry of Internal Affairs of Kosovo of 29 October 2019.

The Court noted that with regard to the challenged notification, namely the conduct of police officers in the Applicant’s case, the proceedings have not been completed, as stated by the Police Inspectorate in the notification, “your complaint was sent to the Director of Internal Investigations and Past Verification within the Kosovo Police for further disciplinary investigations“.

The Court noted that the Applicant’s allegations are premature and the Court – in accordance with the principle of subsidiarity – cannot assess these allegations without first being initiated and assessed by the regular courts.

The Court also noted that the Applicant did not do everything that could reasonably be expected of him in relation to the exhaustion of legal remedies, or that there were special circumstances which exempted 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 is to be declared inadmissible, in accordance with Article 113.7 of the Constitution, Articles 20 and 47 of the Law and the Rule 39 (1) (b) of the Rules of Procedure.