Constitutional Court

KI212/19, Applicant: Shaban Gashi, Constitutional review of Judgment AA. No. 396/2019 of the Court of Appeals, of 22 October 2019

KI212/19, Resolution on Inadmissibility, adopted on 12 March 2020, published on 10 April 2020

Keywords: individual referral, administrative procedure, manifestly ill-founded referral, inadmissible referral

The Applicant alleges that the Court of Appeals, by rejecting his appeal as ungrounded and by failing to give legal advice, violated his rights protected by Article 32 [Right to Legal Remedies] of the Constitution.

The Applicant therefore challenges the aforementioned Judgment, alleging in essence a violation of the right to a fair and impartial trial. The Applicant alleges in substance that the injustice was made to him by the MLSW because he was not recognized his work experience.

In assessing the Applicant’s allegations, the Court noted that, in the circumstances of the present case, in order to elaborate more specifically on the general principles of constitutional adjudication, the Court notes that the Court of Appeals rejected the Applicant’s request as ungrounded and upheld the Judgment of the Basic Court, based on Article 8 of Law 04/L-131 on Pension Schemes Financed by State, because the Applicant did not provide convincing evidence of fifteen (15) years of work experience, as required by the provision of the aforementioned Article.

As a result, the Court considers that the Applicant did not substantiate the allegations that the relevant proceedings were in any way unfair or arbitrary and that the challenged decision violated the rights and freedoms guaranteed by the Constitution and the ECHR.

In conclusion, pursuant to Rule 39 (2) of the Rules of Procedure, the Referral is manifestly ill-founded on constitutional basis and, therefore, inadmissible.