Resolution

Assessment of the constitutionality of the Decision of the MLSW [Decision of the MLSW, No. 89, dated 23.04.2010]

Case No. KI 44/10

Applicant: Gafur Podvorica vs. Ministry of Labor and Social Welfare

The Applicant, the Director of the Institute for Social Policy (ISP), filed a Referral pursuant to Article 113.7 of the Constitution, asserting that a decision of the Ministry of Labor and Social Welfare (MLSW) dissolving the Institute for Social Policy’s status as a special unit of the MLSW pursuant to a recommendation from the Functional Review and Institutional Design of Ministries (FRIDOM) initiative violated unspecified provisions of the Constitution, The Court held that the Referral was inadmissible pursuant to Article 131.1 of the Constitution and Article 46 of the Law on the Constitutional Court on the ground that the Applicant was not an authorized party, either as a citizen or as ISP Director, highlighting that he lacked locus standi since he had failed to demonstrate that any of the rights and freedoms guaranteed to him as an individual had been violated, citing Article 34 of the EU Convention for Protection of Human Rights, Municipal Section of Antilly v. France, Lindsay v. the United Kingdom, Agrotexim et al. v. Greece, Ukraine, and Loyka

Applicant:

Gafur Podvorica vs. Ministry of Labor and Social Welfare

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is not filed by an authorized party

Type of procedure followed before other institutions :

administrative