THIRD SECTION
DECISION
Application no. 40492/20
Sabri HOXHA
against Albania
The European Court of Human Rights (Third Section), sitting on 16 September 2025 as a Committee composed of:
Úna Ní Raifeartaigh, President,
Darian Pavli,
Mateja Đurović, judges,
and Olga Chernishova, Deputy Section Registrar,
Having regard to:
the application (no. 40492/20) against the Republic of Albania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 31 August 2020 by an Albanian national, Mr Sabri Hoxha (“the applicant”), who was born in 1971 and lives in Tirana, and who was granted leave to represent himself before the Court;
the decision to give notice of the complaint concerning the lack of adequate reasons of the Appeal Administrative Court’s decision to the Albanian Government (“the Government”), represented by their Agent, Mr O. Moçka, General State Advocate, and to declare inadmissible the remainder of the application;
the parties’ observations;
Having deliberated, decides as follows:
SUBJECT MATTER OF THE CASE
1. The application concerns proceedings before the administrative courts, brought by the applicant against his former employer, challenging his dismissal and seeking payment of salaries for a certain period. The first instance court granted the applicant’s claims in part and dismissed the remaining claims.
2. Upon the applicant’s appeal, the Administrative Appeal Court upheld the first instance judgment in part, and reversed it in part.
3. The applicant complains under Article 6 that the trial was unfair in that the appeal court did not give any reasons for dismissing his claims.
4. The final decision in these proceedings was given by the Constitutional Court on 29 January 2020. It was served on the applicant on 3 February 2020.
5. The applicant then lodged a further constitutional complaint challenging the decision of the Constitutional Court. On 29 April 2020 the Constitutional Court declared the second applicant’s constitutional complaint inadmissible on the ground that it was not possible to challenge its final decision of 29 January 2020.
THE COURT’S ASSESSMENT
6. The Court notes that the final decision in this case was given by the Constitutional Court on 29 January 2020. The Government submitted that it had been served on the applicant on 3 February 2020, which the applicant did not contest. The applicant lodged his application before the Court on 31 August 2020, outside the six-month time limit. The applicant’s second constitutional complaint, challenging the decision of the Constitutional Court, was not a remedy to be exhausted.
7. Accordingly, the application has been introduced out of time and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 9 October 2025.
{signature_p_1} {signature_p_2}
Olga Chernishova Úna Ní Raifeartaigh
Deputy Registrar President