Constitutional Court

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that his rights under Article 51 [Health and Social Protection] was infringed by the Judgment of the Supreme Court, which concluded that the Department of Pension Administration rendered a decision on 22 March 2011, while the Applicant challenged the decision on 16 September 2011. In this respect, the Supreme Court held that the Appeals Committee, by dismissing the Applicant’s appeal, has rightly applied the law when it concluded that the appeal was filed after the provided legal time limit. The Applicant further requested the Court not to disclose his identity.

The Court held that the Referral was inadmissible because the Applicant failed to submit evidence that the relevant proceedings were in any way unfair or tainted by arbitrariness. Hence, the Court held that the Referral was manifestly ill-founded pursuant to Rule 36 (1.c) of the Rules of Procedure. As to the Applicant’s request for not having his identity foreclosed, the Court rejected it as ungrounded, because no supporting documentation and information was provided on the reasons for the Applicant not to have his identity foreclosed.