Constitutional Court

The applicants filed the referral pursuant to Article 113.7 of the Constitution of Kosovo, thereby claiming that their constitutional rights were violated by the judgment of the Supreme Court of Kosovo, which upheld the decision of the Department for families of martyrs, war invalids and civil victims on the rights of the Applicants to pension for civil victims’ families. The applicants claimed that the Supreme Court had violated their rights guaranteed by Articles 21, 22, 24, 31, 37 (paragraph 3), and 50, 51 and 54 of the Constitution of Kosovo.

The Court found that the referral of applicant was inadmissible, pursuant to the Article 49 of the Law on the Constitutional Court, due to the fact that the referral was filed beyond the timeline set forth by the provision. By quoting the ECtHR decision in the case of Vanek v. Slovak Republic, the Court further noted that even if hipotetically the Applicants had filed their referral in compliance with timelines, the Applicants have not submitted any prima facie evidence demonstrating such violation of their rights guaranteed by the Constitution. Due to the reasons provided above, the Court decided to find the referral of Applicant as inadmissible.