Constitutional Court

The Applicant filed a referral pursuant to the Article 113.7 of the Constitution alleging that the Judgment of Supreme Court A. no. 29/2011 of 15 February 2011, by rejecting finally the right to recognition of the status of person with disabilities, has violated his constitutional rights, guaranteed by: Article 51.2 [Health and Social Protection], Chapter VII, [Justice System], Article 102 paragraph 3 [General Principles of the Judicial System], Article 22 [Direct Applicability of International Agreements and Instruments]; and Article 13 [Social Charter].

The Court observes that the challenged decision of the Supreme Court of the Republic of Kosovo was the Judgment A. no.639/2011 dated 23 September 2011, which was served on the Applicant on 1 October 2011.While the Applicant submitted the Referral to the Court on 13 April 2012, which implies that the Referral was submitted to the Court out of the four (4) month deadline as foreseen by Article 49 of the Law and the Rule 36.1 (b) of the Rules of Procedures, because the Referral should have been submitted to the Court not later than 1st February 2012. Therefore based on the Article 49 of the Law the referral is considered a out of time.