Sevdail Avdyli vs. Supreme Court Judgment A. No. 533/2006 of 11 September 2006, and Supreme Court Judgement A. No. 353/2003 of 2 December 2003

Case No. KI 13/09

Applicant: Sevdail Avdyli


The applicant filed a referral against the judgment of the Supreme Court of Kosovo, which confirmed the decision of the Ministry of Labour and Social Welfare, and the decision of Centre for Social Welfare of the Municipality of Podujeva, to reject applicant’s right to invalidity pension and the right to social assistance, The applicant alleges that this decision violated his rights to invalidity pension and social assistance, not specifying any constitutional provisions, The Constitutional Court decided to reject the referral as inadmissible, due to the fact that it was filed after the expiry of the deadline of four months as provided by Law on the Constitutional Court, Simultaneously, the Court found that even if the Court would extend its authority to review the referral, the Court would have rejected the referral as inadmissible, due to the reasoning that the applicant was offered numerous opportunities to present the case and challenge the interpretation of the law, Further, the Court found that it had not found any evidence that administrative proceeding that applicant went through were unfair or affected by arbitrariness, Ultimately, the Court underlined that the applicant had not offered any prima facie evidence to prove the violation of his constitutional rights


Sevdail Avdyli

Type of Referral:

KI – Individual Referral

Type of act:


Referral is manifestly ill-founded

Type of procedure followed before other institutions :