Constitutional Court

The applicant filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that his constitutional rights were violated by the judgment of the Supreme Court of Kosovo, which upheld the decision of the Medical Review Commission on pensions for disabled persons. The Applicant alleged that his rights and freedoms guaranteed by the Constitution were violated, without quoting any specific constitutional provision.

The Court found that the referral of applicant was inadmissible, pursuant to Rule 36 (2) (b) of the Rules of Procedure, because the referral was manifestly ungrounded, and the facts submitted in no way justified the alleged violation of constitutional rights and freedoms. Quoting its case law in the case no. KI. 06/09, Applicant X v. Judgment of the Supreme Court no. 215/2006; Judgment of the District Court no. 741/2005; judgment of the Municipal Court no. 217/2004, the Court further noted that it is not a court of Appeal for other courts in Kosovo, and cannot interfere on the basis that the ordinary courts have rendered an erroneous decision or have erroneously ascertained the facts. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.