Constitutional Court

KI88/20, Applicant: Football Club “Liria”, Constitutional review of Decision 272/2 of the Executive Committee of the Football Federation of Kosovo of 2 June 2020

KI88/20, Resolution on inadmissibility, of 30 September 2020, published on 28 October 2020

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

The Applicant challenges Decision 272/2 of the Executive Committee of the Football Federation of Kosovo, of 2 June 2020, which allegedly violates the Applicant’s fundamental rights and freedoms guaranteed by Articles 7 [Values] and Article 32 [Right to Legal Remedies] of the Constitution.

The Court noted that the Applicant submitted a constitutional referral and that it had not previously filed a complaint with the Sports Arbitration Commission (SAC) at the Kosovo Olympic Committee.

The Court noted 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 everything that could reasonably be expected of it regarding the exhaustion of legal remedies or that there are special circumstances that exempt the Applicant from 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 Rule 39 (1) (b) of the Rules of Procedure.