Resolution

Constitutional review of non-execution of Judgment A no. 1428/2005 of the Supreme Court of Kosovo

Case No. KI 46/09

Applicant: Miftar Sejdiu

Download:

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that his Constitutional rights were infringed by the Supreme Court’s failure to execute a favorable judgment granting him a disability pension, which was issued in 2006. In 2007, the Ministry of Labor and Social Welfare again denied the pension application despite the judgment, advising the Applicant that he had 30 days within which to appeal the denial to the Supreme Court. Instead, the Applicant appealed directly to the Constitutional Court in 2009, The Court held that the Referral was inadmissible pursuant to Article 49 of the Law on the Constitutional Court (“Law”) and Rule 17.1(b) of the Rules of Procedure because the challenged decision was issued before implementation of the Law and the Referral was not submitted within 4 months of the Law’s implementation, citing Articles 56 and 58 of the Law

Applicant:

Miftar Sejdiu

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referrals is filed out of time

Type of procedure followed before other institutions :

Civil