Prishtinë, 26 September 2018

The Ombudsperson, in a capacity of amicus curiae, submits the Legal Opinion to the Constitutional Court related to the referral KI-108/18, of Mrs. Rina Kika, legal representative of Mr. Blert Morina

The Ombudsperson, pursuant to competencies and legal responsibilities entrusted, in the capacity of friend of the Court (amicus curiae) presented to the Constitutional Court the Legal Opinion, the purpose of which is to substantiate the legal bases and to provide a legal analyses related to the case KI-108/2018, of Mrs. Rina Kika, legal representatives of Mr. Blert Morina, for reviewing the admissibility of this issue by the Constitutional Court.

The purpose of Ombudsperson’s appearance as a friend of the court in the Constitutional Court is to support the request for exemption from the liability of exhausting all legal remedies, because case circumstances makes the process of waiting the lawsuit proceeding from regular Courts, ineffective and inappropriate mean.

The Ombudsperson, based on the case law of the European Court of Human Rights (ECtHR), has pointed out that the rule of exhaustion of legal remedies should be implemented with a degree of flexibility and without excessive formalization, denoting that the rule of exhaustion of legal remedies is not absolute and should not be automatically applied, but of a particular importance is taking into account special circumstances of each individual case.

The Ombudsperson also points out Constitutional Court’s practice itself in cases, when this court has ascertained that the Applicants did not have access to effective legal remedies and has permitted the use of this jurisdiction without exhausting legal remedies, therefore these findings would accordingly be applicable in the case of Mr. Blert Morina.