Constitutional Court

KI178/18, Applicant Bujar Hoti, constitutional review of the decision on termination of employment relationship of 1 March 2013 

KI178/18, Resolution on Inadmissibility of 30 January 2018, published on  29.03.2019

Keywords: individual referral, constitutional review of the decision on termination of employment relationship, non-exhaustion of legal remedies

The Applicant did not specify in the Referral what rights and freedoms guaranteed by the Constitution are violated by the decision on termination of employment relationship, but he stated “that there has been a violation of the basic articles of the Constitution regarding the equal treatment of employees based on the law in force, and that all obligations of the sale-purchase contract during the privatization of the smelter Feronikeli have not been met“

Therefore, the Court found that the Applicant after the decision on termination of his employment relationship of 1 March 2013, failed to take all legal actions, namely he did not use the legal remedies prescribed by law, by which he could have tried to challenge the legality of the decision on termination of employment relationship.

The Court found that the Applicant has not exhausted all legal remedies established by law, and that the Referral is inadmissible 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.