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 Commission of the Department of Pension Administration on the right of the Applicant to disability pension. The Applicant claimed that the Supreme Court had violated her rights as guaranteed by Articles 3 and 51 of the Constitution of Kosovo.

The Court found that the referral of applicant was inadmissible, pursuant to Rule 36 of the Rules of Procedure, since the applicant had failed in submitting any prima facie evidence demonstrating such violation of constitutional rights. By quoting the ECtHR decision in the case of Shub v. Lithuania, the Court further reasoned that after the review of general proceedings before regular courts, it did not find any indication that the general proceedings have been unfair or flawed with arbitrarity. Due to the reasons provided above, the Court decided to find the referral of Applicants as inadmissible.