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18.10.2016

Ombudsperson’s Report with Recommendations regarding the lack of effective legal remedies

The Ombudsperson has published today the Report with Recommendations regarding the lack of effective legal remedies, which is based on individual complaint related to refusal of the request for recognition of the family pension of the civil war victim from the date of application.


This Report points out some of the omissions of institutional actions in handling of this case as well draws attention of the Department of Martyrs’ Families, War Invalids and Civilian War Victims (DMFWICWV), actually the Ministry of Labour and Social Welfare (MLSW) and the Basic Court in Prishtina, related to provision of guaranteed constitutional and legal opportunities for effective legal remedies.


Based on the evidence presented and facts collected as well as relevant legal acts, the Ombudsperson ascertains that violation of human rights and fundamental freedoms has occurred and that DMFWICWV has rendered ungrounded and unlawful decisions, through which the right to family pension has been refused to the party, regardless the fact that Courts have found that DMFWICWV administrative decisions were ungrounded.


The Ombudsperson considers that Courts in none of their procedures, in this case, considered implementation of the substantive right. This deficiency accompanied Courts in administrative disputes systematically, since they had only found legal violations in the decisions of DMFWICWV, but have not been undertaken necessary actions to change the decision of DMFWICWV by a judgment, in conformity with Law on Administrative Conflicts and in this way to eliminate violations and to compensate the injured party. The Court, by returning the case to the administrative body for resettlement, has made the judgments inefficient and failed to bring the justice to the right place.


Based on analyses and case circumstances as well as guarantees from relevant legal instruments, the Ombudsperson, through the above-given Report, recommends to the MLSW that in conformity with powers and authorities deriving from the Law, to treat citizens’ requests and complaints on the basis of evidences presented and pay special attention to the courts’ judgments.


While, to the Basic Court in Prishtina, namely to the Department for Administrative Matters, the Ombudsperson recommends that in conformity with powers and legal authority to undertake all actions necessary that in the suit for administrative dispute, apart procedural violations, to decide on the issue on the merits of the cases.


Full Report with Recommendations is available for the public in OI official web page as well as is distributed to media.

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