Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that her Constitutional rights were infringed by a judgment of the Supreme Court, which affirmed a decision of the Kosovo Pension Administration (KPA) rejecting on medical grounds her application for a continuation of a disability pension, The Court held that the Referral was inadmissible pursuant to Article 113.7 because the Applicant had failed to make a prima facie showing of a Constitutional violation. Indicating that the Referral reflected the Applicant’s dissatisfaction with the Supreme Court’s factual findings and application of substantive law, the Court emphasized that its discretion is limited to resolution of Constitutional controversies, not factual or other legal disputes, citing Garcia Ruiz v. Spain, including ensuring a fair trial, citing Edwards v. United Kingdom. The Court found that there was no indication from the Applicant’s submission that the Supreme Court proceedings had been unfair or tainted by arbitrariness, citing Vanek v. Slovak Republic