Constitutional Court

The Applicant filed a referral pursuant to the Article 113.7 of the Constitution alleging that the Judgment of Supreme Court A. no. 29/2011 of 15 February 2011, has violated her constitutional rights, guaranteed by: Article 51.2 [Health and Social Protection], Chapter VII, [Justice System], Article 102 paragraph 3 [General Principles of the Judicial System], Article 22 [Direct Applicability of International Agreements and Instruments]; and Article 13 [Social Charter].

The Court in this case found that the applicant in no way has justified the reason of the delay to file the referral, so the onus is on the party submitting the Referral with the Court as foreseen by Article 49 of the Law and the Rule 36.1 (b) of the Rules of Procedures, and has considered that the referral is out of time and as such has been rejected as inadmissable.