Constitutional Court

KI180/18 Applicant: Metullahe Hoxha, constitutional review of Decision Rev. 144/2018 of the Supreme Court of 4 May 2018

KI180/18, resolution on inadmissibility of 18 December 2019, published on 23 January 2020

Keywords: individual referral, constitutional review of challenged decision of the Supreme Court, out of time

The Referral is based on Article 113.7 of the Constitution, Article 47 of the Law No. 03/L-121 on the Constitutional Court of the Republic of Kosovo and Rule 32 of the Rules of Procedure of the Constitutional Court.

On 13 June 2012, the Applicant obtained the age for retirement, and accordingly, her employer initiated the procedure for retirement of the Applicant. The Applicant dissatisfied with this process, namely the non-payment of jubilee salaries initiated the proceedings on this issue.

After that, upon the Applicant’s complaint, this case went through all stages of the appeal proceedings, concluding with the decision Rev. No. 144/2018 of the Supreme Court of Kosovo of 4 May 2018, which was served on the Applicant on 13 June 2018.

The Court notes that the challenged decision (Decision No. 144/2018) of the Supreme Court was served on the Applicant on 13 June 2018, while the constitutional referral was filed on 16 November 2018.

In this regard, the Court notes that the constitutional referral was filed out of the legal time limit of 4 (four) months, which is established in Article 49 of the Law and further specified in Rule 39 (1) (c) of the Rules of Procedure. Therefore, the Court finds that the Applicant’s Referral is inadmissible because it is out of time.