Constitutional Court

The Applicant filed the Referral based on Article 113,7 of the Constitution of Kosovo, claiming that the institutions of the Republic of Kosovo by their actions, respectively by their non-actions have violated his constitutional rights, The Applicant, among others, claimed violation of the right to pension, the right to a fair trial and the right to effective remedies, With regards to the right to pension, the Applicant claimed that his request does not concern only him as an individual, but it has to do with general public interest including the rights of all pensioners in Kosovo as a social category, The Court responded to all issues raised by the Applicant, stating among others who is entitled to protect public interest, thus, who is, according to the Constitution, an authorized party to protect public interest, further the Court also elaborated the concept of exhaustion of legal remedies as well as the concept of effective legal remedies, The Court found that all issues raised by the Applicant were not supported and that he was not an authorized party with regards to the protection of public interest; he did not exhaust all legal remedies regarding his right to pension and, also, that this was not an issue of violation of the right to effective legal remedies, Due to the abovementioned reasons, the Court, pursuant to Article 113,7 of the Constitution, Article 47,2 of the Law and Rule 36 (1) a) of the Rules of Procedure, decided to reject the Referral as inadmissible