Constitutional Court

KI84/17, Applicant: Bahri Maxhuni, constitutional review of Decision no. 02/81 of the Government of the Republic of Kosovo, of 23 March 2016

KI84/17, Resolution on inadmissibility, rendered on 19 April 2018, published on 1 June 2018

Key words: individual referral, non-exhaustion of legal remedies, old age pension, inadmissible referral

The Applicant challenges the decision of the Government of Kosovo whereby it determined the termination of pension if an individual is also a beneficiary of a pension for families of martyrs.

The Court noted that the Applicant did not provide evidence proving that he had requested the public authorities to serve him with a decision on the termination of his pension. The Applicant did not provide evidence proving that he had exhausted the legal remedies determined by the applicable legislation whereby he would have sought to realize his right to administrative and judicial proceedings.

The Court found that the Referral does not meet the admissibility criteria because the Applicant had not exhausted the legal remedies as required by Article 113.7 of the Constitution, Article 47 of the Law, and Rule 36 (1) (b) of the Rules of Procedure.