The principle of legal remedy exhaustion does not apply without exception. On the one hand, all legal remedies do not have to be exhausted if the existing legal remedy formally has no chance of success. Following this rule, in Case No. U 23\/00 the Constitutional Court decided that an appeal against the first- instance court\u2019s ruling, whereby proceedings for compensation for damage were discontinued, was an ineffective legal remedy. A decisive factor was the fact that the proceedings were discontinued on the basis of a decision of the Government of the Republika Srpska so that the appellate proceedings would have had no effect.<\/p>\n
On the other hand, the principle of exhausting legal remedies does not stand in the way of filing an appeal if the case involves an allegation about the violation of the right to trial within a reasonable time, since such an allegation cannot be made in the proceedings pending before the ordinary courts.3014 <\/sup><\/span>However, the same does not apply insofar as administrative procedure is concerned, since the law provides for remedies to be pursued in case of silence of the administration (i.e., the lack of any response from administrative authorities) both in the first-instance proceedings and in appellate proceedings.3015 <\/sup><\/span>At any rate, the allegations concerning a violation of the right to a fair trial within a reasonable time under Article 6 of the ECHR may be granted only by establishing a violation of the right under Article 6 of the ECHR and by giving an order to conduct an urgent procedure in order to finalise the proceeding before the ordinary courts. The Constitutional Court cannot be requested to take a decision on the merits to terminate the proceedings, since they are still pending before the ordinary courts.<\/p>\n Finally, all legal remedies do not have to be exhausted, which is a natural and logical conclusion if a legal remedy has not yet been provided for by law or if the appellant does not have the right of action which would entitle him\/ her to pursue it according to the relevant provisions of law. In such cases, the\u00a0Constitutional Court establishes a violation of the right of access to a court, since the legislature failed to regulate a legal matter in terms of providing for an effective legal remedy against a violation of human rights and freedoms by the State authorities. The Constitutional Court takes a decision whereby it refers the case back to the ordinary authorities which are to provide protection to the appellant in accordance with the reasoning of the Constitutional Court\u2019s decision, regardless of the positive-legal regulations.3016<\/sup><\/span><\/p>\n