Constitutional Court

KI53/19, Applicant: Muharrem Mehmeti, Constitutional review of Judgment ARJ-UZVP. No. 62/2018, of the Supreme Court, of 5 December 2018

KI53/19, Resolution on Inadmissibility of 5 February 2020, published on 3 March 2020

Keywords: individual referral, right to fair and impartial trial, manifestly ill-founded referral

The Applicant before the Constitutional Court challenged Judgment [ARJ-UZVP. No. 62/2018], which rejected as ungrounded the request for extraordinary review of the court decision against Judgment [AA. No. 57/2018] of 18 July 2018 of the Court Appeals of Kosovo.

The essence of the Referral concerned the Applicant’s request to annul the Decision of the Ministry of Labor and Social Welfare, Department of Pension Administration of 9 November 2015, which rejected as ungrounded the Applicant’s request for recognition of the right to retirement age contributors.

The Applicant alleges that the challenged decision was rendered in violation of his fundamental rights and freedoms established in Articles 21 [General Principles], 24 [Equality Before the Law], 31 [Right to Fair and Impartial Trial], and 54 [Judicial Protection of Rights] of the Constitution.

The Applicant alleges that the said decisions were not based on the ex-officio recommendation No. 235/18 issued by the Ombudsperson Institution addressed to the executive bodies and the Report of the Director General by the International Labor Office GB.253/17/17 Geneva 1992.

Regarding the second allegation, the Court held that the Applicant did not substantiate his allegation, and pursuant to Rule 39 (2) of the Rules of Procedure was declared as manifestly ill-founded on constitutional basis.