Constitutional Review of the Judgment of the Supreme Court, A. no. 564/2011, dated 5 August 2011.

Case No. KI 153/11

Applicant: Fazilja Berisha

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that her rights under Articles 24 [Equality Before the Law] and 51 [Health and Social Protection] was infringed by the Judgment of the Supreme Court, which concluded that the evidence prove that the Applicant does not meet the legal criteria for recognizing the required right to pension disability.
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.


Fazilja Berisha

Type of Referral:

KI – Individual Referral

Type of act:


Referral is manifestly ill-founded

Type of procedure followed before other institutions :