Resolution

Constitutional review of the Judgment of the Supreme Court of Kosovo A no. 1330/2012 of 27 December 2012

Case No. KI 12/13

Applicant: Fatime Thaqi

The Applicant alleges that the challenged judgment has violated the following human rights protected by the Constitution: Article 24 [Equality Before the Law], Article 31 [Right to Fair and Impartial Trial], Article 6 of European Convention of Human Rights (Right to a Fair Trial), With reference to the Applicant’s Referral and her rights guaranteed by the Constitution, which are alleged to have been violated, the Court concludes that: In Article 51 of the Constitution [Health and Social Protection] paragraph 2 is clearly foreseen: “Basic social insurance related to unemployment, disease, disability and old age shall be regulated by law,”, The Constitutional Court, after having reviewed the Applicant’s allegations of the violation of Article 24 of the Constitution [Equality Before Law], concluded that before this court, the Applicant did not present facts which would prove her allegation, because in fact, apart from the conclusion that she met the criteria for pension, she did not provide any evidence as to what was the inequality before the law that she was subject to and vis-a-vis which persons she was treated as unequal before the law in the judicial and administrative bodies, Under these circumstances, the Applicant “has not sufficiently substantiated his claim”,has failed to submit the referral in legal manner, and based on the foregoing, the Court finds pursuant to Rule 36, paragraph 2, items c and d, that it should reject the Referral as manifestly ill-founded

Applicant:

Fatime Thaqi

Type of Referral:

KI – Individual Referral

Type of act:

Resolution