Resolution

Constitutional review of the Judgment of the Supreme Court of Kosovo A. No. 1239/2010 dated 23 March 2011

Case No. KI 63/11

Applicant: Veli Kuqi

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The Applicant filed the Referral pursuant to Article 113,7 of the Constitution of Kosovo challenging the Judgment of the Supreme Court of Kosovo, A, No, 1239/2010, dated 23 March 2011, by which his request for compensation of damages incurred during 11 years, caused by MLSW decision to terminate payment of early random retirement and disability retirement, was rejected, In addition to the recognized right to a disability pension, the applicant requested the court to also recognize his right for an early random retirement which he obtained due to his wounding in 1981 when he was declared a peacetime invalid of war with the health deterioration amounting to 40%, The Applicant claimed that Articles 22 [Direct Applicability of International Agreements and Instruments] and Article 102,3 [General Principles of the Judicial System] of the Constitution of Kosovo were violated, Deciding on the Applicant’s, Veli Kuqi’s, Referral, the Constitutional Court, after reviewing the proceedings in their entirety, did not find that the relevant proceedings before the regular courts were in any way unfair or tainted by arbitrariness, Therefore, the Court concluded that the Referral is manifestly ill-founded since the presented facts do not in any way justify the allegation of a violation of the constitutional rights

Applicant:

Veli Kuqi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is manifestly ill-founded

Type of procedure followed before other institutions :

administrative