Constitutional Court

In this case, the Applicant claimed that by denying the rights obtained according to the Law on Pension and Disability Insurance, were violated the rights of pensioners contribution payers, guaranteed by Article 22, Article 23, Article 51 paragraph 1 of the Constitution, Article 17 paragraph 2 of Universal Declaration on Human Rights, Article 26 of the International Covenant on Civil and Political Rights and its protocols and Article 9 of European Convention on Protection of Human Rights and Fundamental Freedoms, The Court in this case analyzed and carefully assessed the requests of the Applicant and concluded that the Applicant, as legal person in specific case, cannot be considered as an authorized party that may refer constitutional matters in abstracto regarding the regulation of status of pensioners and labor disabled persons as well as on the improvement of their social welfare, based on the pension contributions paid over the years, In this regard, the Court emphasized that the Constitution of the Republic of Kosovo does not provide actio popularis which is a modality of individual appeals, which enable each individual who attempts to protect public interest and constitutional order to address the Constitutional Court with certain questions and requests, indicating a violation of the constitutional rights of a certain individual or group, Therefore, the Court concluded that the Applicant is not an authorized party to refer a constitutional matter in abstracto regarding the regulation of status of pensioners and of labor disabled persons, For this reason, pursuant to Article 113,1 of the Constitution, this Referral is declared inadmissible