Resolution

Constitutional Review of the Decision of the Supreme Court of Kosovo KRJA, No. 6/2011 dated 8 May 2012

Case No. KI 69/12

Applicant: Association of Second World War Civilian Invalids

The Applicant alleges that the Decision of the Supreme Court of Kosovo, KRJA No, 6/2011, of 8 May 2012, violated its rights guaranteed by the Constitution, namely Article 3, paragraph 2, Article 22 and Article 24 of the Constitution, The Applicant claims that the rights of the Applicant and their family members guaranteed by the Law on Protection of Civilian War Invalids were violated, According to the Applicant, this Law remains to be in force, In this regard, the Applicant refers to the provisions of UNMIK Regulation No, 1999/24 on the Law applicable in Kosovo, stipulating that the “The Law applicable in Kosovo [,,,] shall be the Law in Force in Kosovo on 22 March 1989,” The Applicant further argues that the Law on Disability Pensions does not include this category of persons, which is included in the Law of 1976 and therefore “the Law of 1976 is still in force and as such should be further applied,” The Constitutional Court concluded that the Referral is manifestly ill-founded because the Applicant did not sufficiently substantiate his claim on violation of rights guaranteed by the Constitution

Applicant:

Association of Second World War Civilian Invalids

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

administrative