Constitutional Court

The Applicant filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo asking from the Constitutional Court full implementation of UNMIK Regulation No. 2005/20 Amending UNMIK Regulation No. 2001/35 on Pensions in Kosovo and implementation of the order for supplementary pension fund (supplementary-additional) in Anex B BPK-A (is the Directorate for banking and payment transactions in Kosovo) dated 24.4.2006 and fulfillment and implementation, in their entirety, of the PTK Board of Director’s Decision Nos. 05-987/06 and 07/06, According to the Applicant, he is still pending two cases at the Municipal Court in Prishtina on the claim suit filed by the Applicant, Pl. 377/2011, and also at the District Court in Prishtina on the appeal filed by the PTK, Deciding on the Applicant’s, Isak Berisha’s, Referral, the Constitutional Court, after reviewing the proceedings in their entirety, concluded that individuals may initiate proceedings if their rights and freedoms guaranteed by this Constitution have been violated by acts of public authorities, but only after exhausting all other legal remedies prescribed by law, Also, the Court notices: “implementation of two UNMIK Regulations, Nos. 2001/35 and 2005/20” does not fall under jurisdiction of the Constitutional Court, therefore such Referral is ratione materiae incompatible with the Constitution since within the jurisdiction.