Constitutional Court

The Applicant submitted referral based on Article 113,7 of the Constitution, in capacity of legal person, by alleging that by non-adoption of the Law on pension and disability insurance and the Law on Health Insurance, as well as by refusal of giving pensions to labour disabled person by the governmental authorities, the pensioners’ rights as guaranteed by: Article 3,1 [Equality Before the Law], 7,1 [Values], 16,1 [Supremacy of the Constitution], 19 paragraph 1 and 2 [Applicability of the International Agreements], Article 22 paragraph 1, 2 and 3 [Direct Applicability of International Agreements and Instruments], Article 23 [Human Dignity], Article 25,1 [Right to Life], Article 27 [Prohibition of Torture, Cruel, Inhuman or Degrading Treatment], Article 51 paragraph 1 and 2 [Health and Social Protection], Article 84,2 [Competencies of the President], Article 119-4 [General Principles] of the Constitution of the Republic of Kosovo and Article 7, 22 and 25,1 of the Universal Declaration of Human Rights were violated, The Court noted that the Applicant did not specify any act of public authority, by which he alleges that his rights, guaranteed by the Constitution and International Conventions that are directly applied in the Republic of Kosovo, have been violated, He only raised the issues that have to do with the regulation of social policy, respectively of the improvement of welfare of pensioners and labour disabled persons, requesting from the Court to clarify why the requests of the Applicant, regarding the rights of pensioners and of labour disabled persons were not taken into account by the state authorities, In this case, the Court referred to Article 113, paragraph 1, of the Constitution, which provides:“ “The Constitutional Court decides only on matters referred to the court in a legal manner by authorized parties,” This paragraph explicitly provides who may be considered as authorized party to refer constitutional matters with respect to the constitutional review of an act by a public authority and the constitutionality of a law, Thus, the Court considers that the Applicant is not an authorized party to refer constitutional matters in abstracto with respect to the regulation of the status of the pensioners and labour disabled persons, For this reason, in accordance with Article 113,1 of the Constitution this Referral is considered as inadmissible