Resolution

Shahe Ramaj vs. Government of the Republic of Kosovo, Ministry of Health

Case No. KI 102/11

Applicant: Shahe Ramaj

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The Applicant filed a Referral pursuant to Article 113.7 of the Constitution, asserting that the Ministry of Health (MOH) violated Articles 21.1, 21.3 and 24.1 of the Constitution when failing to promulgate the Law on Health Insurance (“Law”). The Applicant argued that lower courts had not responded to his complaint, that MOH had promulgated many other laws, that the Government claims that there is no budget for the Law but has funded other projects and that the failure to promulgate the Law was discriminatory, The Court held that the Referral was inadmissible pursuant to Articles 113.1 and 113.7 of the Constitution because she has not substantiated her claim, that a public authority had violated her individual rights and freedoms, as guaranteed by the Constitution, adding that the Constitution does not provide for an abstract complaint by actio popularis

Applicant:

Shahe Ramaj

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Referral is not filed by an authorized party

Type of procedure followed before other institutions :

administrative