Constitutional Court

The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that her constitutional rights under Article 51.2 were infringed by a judgment of the Supreme Court, which affirmed the Department of Pension Administration rejection of her request for an extension of her disability pension. The Applicant argued that a medical finding made by the University Clinical Center of Kosovo (UCCK) after the Supreme Court decision supported her request for extension, The Court held that the Referral was inadmissible because its role is limited to resolving allegations of Constitutional violations, and that it cannot otherwise overturn legal and factual findings of the Supreme Court, citing Avdyli and Garcia Ruiz v. Spain. The Court also held that the Applicant had not submitted prima facie evidence of a Constitutional violation, noting that its examination of the record did not find that the Supreme Court had been unfair or arbitrary, citing Edwards v. United Kingdom and Shub v. Lithuania. The Court also found that the Applicant had not demonstrated that a new request based on the recent UCCK report would not be successful, which would relieve her of the exhaustion of all legal remedies prerequisite to a Referral submission