IKD: Government Assembly still implements Constitutional decision to change the Law on Pension Scheme

The IKD says that since the Constitutional Court of the Republic of Kosovo is the last address where citizens and other parties can be headed for the protection of human rights and freedoms, implementation of its decisions is mandatory for all.

However, the Parliament and the Government of Kosovo have not yet begun to implement the Act in case no. Euro190/19. On December 30, 2022, the Constitutional Court had issued the Act, through which it had declared the Supreme Court's request acceptable, which had raised doubts about the constitutionality of paragraph 2 of Article 8 in Law No.04/ L-131 for State-financed Pension Schemes on subparography 2.3 of paragraph 2 Article 6 of Administrative Guide No. 092015. The court had estimated that this provision of the Law on Pension Scheme is in opposition to the Constitution of Kosovo (Brazia vs Law) and to the European Convention on Human Rights (Stop Discrimination) and (General Banning of Discrimination)”.

The IKD says the court has ordered the Parliament and Government, that within six months, no longer than July 15, 2023, take the necessary actions to meet and change Law No.04/ L-131 for the State-funded Pension Scheme. At the same time, these provisions are abolished on July 15, 2023.

The Kosovo Institute for Justice says it has consistently monitored the implementation of the Constitutional Court's judgments on the part of the Government and the Assembly of Kosovo.

“In the case of this act of prejudice, results in Kosovo's Parliament and Government still not beginning to implement this act of judgment. The Pension Scheme Bill was included in the 2021 Legal Programme and 2022 for approval in Government, but the same was not approved. In the legislative program for 2023, in spite of the obligation stemming from Actigence in case no. KO190/19, the government of Kosovo at its 121st meeting, does not include this bill in the Legislative Programme”.

The IKD, through request for access to information and public documents, has asked the Ministry of Finance, Labour and Transfers, the Speaker of the Parliament, and the chairman of the Commission for Boards, Labour and Transitions when to begin implementing the obligations that come out of this act.

Besides having two requests for access to information”, “Other than the MPPT, the Speaker of the Parliament and the head of the UNPT have not returned.

MPPT, in her response to The IKD says that “agent legislative is the dynamic document which, as seen in the past, undergoes changes over the year in terms that significant numbers of bills are added to the agenda.” In the meantime, after that response, the legislative programme is changed three times: on January 31st, 2023, adding 2 bills, on March 9th 2023, adding a bill and April 13th 2023 adding 12 bills.

“Srike, Pension Scheme Bill is not included in the legislative agenda for 2023. A pension reform was promised in the 2021 electoral campaign by the party that currently leads with Government and Parliament, but the same has not been initiated despite the fact that two years of the Kurti 2 government have passed, and despite the fact that the carriers of these two institutions are aware of denying the pension rights contributing to thousands of Kosovo citizens”.

“The IKD expresses deep concern over the failure to start implementing this act, when it is considered that the court's decisions are binding for all, and there is no particular reason that can prevent the Parliament and the Government from starting to implement this bias to approve the changes required on the part of the Constitutional Court”.