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1 Open J. Legal Stud. 25 (2018)
Ten Years On: The Exhaustion Principle and the Practice of the Constitutional Court of Kosovo as the Final Authority for Protection of Human Rights

handle is hein.journals/ojls1 and id is 29 raw text is: Center for Open Access in Science * https://www.centerrode.com/ols.html Open Journalfor Legal Studies, 2018, 1(1), 25-36. ISSN (Online) 2620-o619 * https://doi.ora/10.2501/coas.ojls.olotoo25r Ten Years on: The Exhaustion Principle and the Practice of the Constitutional Court of Kosovo as the Final Authority for Protection of Human Rights Besfort T. Rrecaj University of Prishtina Hasan Pristhina Faculty of Law Bardh Bokshi Constitutional Court of Kosovo, Prishtina Received 12 June 2018 * Revised 10 July 2018 * Accepted 18 July 2018 Abstract Ten years after the establishment of the Constitutional Court of Kosovo, this paper aims to examine the concept of exhaustion of legal remedies in Kosovo judicial system where an individual has brought a case claiming violation of human rights guaranteed by the Constitution. The paper will focus on analyzing what constitutes an effective legal remedy including ordinary and extraordinary remedies for the purposes of submitting a constitutional complaint with the Constitutional Court. This work is based on the case-law of the Constitutional Court and tries to explain all legal steps that must be observed before submitting a constitutional complaint regarding exhaustion requirement. Furthermore, it will delve deeper into this concept by distinguishing the importance of formal and substantive exhaustion of legal remedies, the interconnectedness of formal and substantive exhaustion of legal remedies and the distinction between them as developed by the case-law of the Constitutional Court. It will conclude by summarizing main characteristics of the concept of exhaustion of legal remedies in Kosovo as it is established by the practice of the Constitutional Court. Keywords: effective legal remedies, exhaustion of legal remedies, extraordinary legal remedies, formal and substantive exhaustion of legal remedies, the principle of subsidiarity. 1. Introduction Before delving into the topic of exhaustion of legal remedies for the purposes of submitting a constitutional complaint with the Constitutional Court of Kosovo (hereinafter, the Constitutional Court), it is necessary to provide the constitutional and legal background which lay down that requirement. Article 113.7 of the Constitution of Kosovo (hereinafter, the Constitution) (Kosovo Constitution 2008 and its amendments) establishes that individuals must exhaust all legal remedies to their availability before submitting a complaint with the Constitutional Court. This requirement is further confirmed by Article 47.2 of the Law on Constitutional Court which provides that individuals may submit a referral with the Constitutional Court only after they have exhausted all legal remedies provided for by law (Law on the Constitutional Court of Kosovo). The exhaustion of legal remedies ought to mean remedies that are not only available in formal terms but also effective in providing a redress for an individual raising the complaint. Within this concept © Authors. Terms and conditions of Creative Commons Attribution 4.0 International (CC BY 4.0) apply. Correspondence: Besfort T. Rrecaj, University of Prishtina Hasan Prishtina, Agim Ramadani Str. nn. oooo, Prishtina, KOSOVO. e-mail: besfort.rrecai@uni-pr.edu.

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