Resolution

Constitutional review of the Judgment of the Supreme Court of Kosovo Rev. no. 443/2009 of 8 December 2011

Case No. KI 13/12

Applicant: Shqiprim Qeriqi ve Rizah Qeriqi

The Applicant filed the Referral pursuant to Article 113.7 of the Constitution of Kosovo challenging the Judgemnt of the Supreme Court of Kosovo, Rev. No. 443/209 dated 8 December 2011, by which the court rejected as ungrounded the Applicants’ claim suit, employed in the Primary School Faik Konica in the village of Krajmirovcë, to order the Ministry of Public Services and the Lipljan Municipality Department for Education to compensate the Applicants personal income for the month of November and first ten (10) days of December 2007, who as workers in education, during the electoral campaign simultaneously worked teaching hours, claiming they are entitled to personal income for the period at stake.
The Applicants claimed that Article 24 [Equality before the Law] of the Constitution of Kosovo and Article 6 of Protocol No. 1 [Right to a Fair Trial] of the ECHR were violated.
Deciding on the Applicants’, Shqiprim Qeriqi’s i Rizah Qeriqi’s, Referral, the Constitutional Court, after reviewing the proceedings in their entirety, did not find that the relevant proceedings with the regular courts were in any way unfair or tainted by arbitrariness. Therefore, the Court concluded that the Referral is manifestly ill-founded since the presented facts do not in any way justify the allegation of a violation of the constitutional rights.

Applicant:

Shqiprim Qeriqi ve Rizah Qeriqi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

Civil