Constitutional Court

The applicants filed a referral against 49 judgments of the Supreme Court, which annulled decisions of the Municipal Court and District Court in Prishtina, on allowing monetary compensation by the Kosovo Energy Corporation (KEK) on behalf of their pension rights, The applicants alleged that the right to fair and impartial trial and the right to property were violated, The Constitutional Court decided to reject referrals of twelve applicants as inadmissible, reasoning that such referrals are premature, since their cases were still being reviewed in regular courts, Further, the Court found as partially admissible referrals of five applicants who have already reached the age of 65, and they are entitled to pension from the Ministry of Labour and Social Welfare, Therefore, the Court decided to review their referrals for the period before they reached such age, On the other hand, in reviewing admissibility of referrals of other applicants, the Court, referring to case law of the European Court of Human Rights, considered that the legal deadline of four months would not be taken into account, since the case in hand was a “continuing situation”, which would exclude the legal deadlines for filing referrals, On these grounds, the Court found referrals of thirty-seven other applicants to be admissible, In reviewing merits, the Court decided that property rights of applicants were violated by termination of contracts they had signed with KEK, without fulfilling conditions of termination provided by the contract, respectively before establishment and functionalization of Pension and Invalidity Insurance Fund, Furthermore, the Court also decided that there was a violation of the right to a fair and impartial trial, as guaranteed by the Constitution and the European Convention on Human Rights, considering that the Supreme Court had neglected an important argument, the non-existence of the Pension and Invalidity Insurance Fund, in reaching its decisions