Constitution, court decisions recognise two pension rights, state forces them to give up

Now how many years the rights of war veterans, disabled and martyrs are being violated, denying them the right to receive the pension as well as that war, reports Online Economy.

In this regard, the Ombudsman's Institute and Democracy Plus (D+) have asked the Ministry of Finance and relevant institutions to take urgent measures to regulate the legal framework and ensure that citizens' rights for profit from the two pension schemes are respected in line with judicial decisions and constitutional rights.

They stressed that the right to receive two pensions is a fundamental human right, which is also known in the decisions of the European Court of Human Rights.

Ombudsman Naim Qelaj stressed that this problem has been identified since 2018, when his institution had recommended changing the law on pension schemes to avoid limiting dual rights.

The people's option in 2018 has come up with a report, with recommendations asking the government, relevant ministries to change the law on pension schemes, including pension categories, as a result of the war because it has a restriction and prohibits the joy of dual rights. So if you enjoy a pension of old age you can't, enjoy the pension of the war invalid, the veteran family of witnesses, civil war victims, and so on”, he said.

The ombudsman has said that violating the issue lies in that legally regulated pensions do not have the same basis, while the pension of old age has a basis in the law for pensions over the age of 65, other pensions are recognition and contributions.

He said that as a cause of this, the Kosovo pension administration has now and how many years it has forced citizens to give up one pension, creating an unfair choice amid opportunities to get benefits.

Then the authorities, the Kosovo pension administration at the moment the citizen presents himself to enjoy the second pension he forces him to give up on one. So he wants the citizen to choose which pension I'm going to enjoy. Where the violation exists, there is that law-adjusted pensions do not have the same basis, while the pension of old age has a basis in the law on pensions over the age of 65, other pensions are recognition and contributions, or the moral and material satisphasation given to families, persons who have suffered as a consequence of war”, Celaj said.

While Margo Berisha, official of projects in Democracy Plus (D+), presented a report highlighting the challenges facing citizens in this direction, based on two cases monitored in courts.

She said that in the two cases, the court has ruled meritably in favour of citizens, forcing the Ministry of Finance to compensate for the damage and recognise the rights of these individuals to benefit from two state-funded pension schemes.

Berisha has stressed that with these cases, in addition to the challenges citizens are facing, the state budget is also being damaged.

Our “Report is based on two court-monitored cases that highlight the challenges facing citizens when applying for double retirement is the basic pension of old age and the pension stemming from the law for categories resulting from war. A consistent judicial practice confirmed until the Supreme Court, which stresses, has already set standards for such cases of double retirement to be handled by lower instances. The D+ report includes two such cases, this court has ruled meritably in favour of the prosecution parties by forcing the Ministry of Finance to compensate for the damage caused, to recognise the right of these persons to benefit from two state-funded pension schemes, but including a legal dagger that is 8 percent defined by law”, she has said.

She said that the problem lies in the conflict between the Law on Pension schemes funded by the State and the Law on Categories and Dala from the War. The latter allows the beneficiaries of basic pension to realise all the rights specified in it, but the Law on Financed Schemes, which is most recent, prohibits double benefits.

Berisha stated they have recommended MPPT to implement fully the legal provisions regulating basic pensions and pensions flowing for war-related categories, as well as to recommend that they take urgent measures to regulate even the legal framework for pension contributions and pensions for Dala Categories from war, based on judicial decisions.

“Disobedience on the part of public authorities has led to denial of citizens' right to this right, which has greatly burdened the situation even for the judicial system by charging it and citizens have been forced to undergo lengthy judicial procedures that are usually lasting for years until the realisation of their rights. Problem is the law because public authorities are being called for the State-financed Law, which says those who are beneficiaries who want state-funded pension under no circumstances can benefit from any other pension. However, there is another law, there is the Law on War - Removed Categories, which says that users of basic retirement can accomplish all the rights and practices stipulated by this law, according to the set conditions and criteria. The law for state-funded schemes is later law, there is legal priority over the Dala Law for Categories from the War, which is the most recent law that has not been abolished under any legal provision under the Law for State-financed Scheme”, Berisha told EO.

She has said that judicial decisions emphasize that this is a fundamental human Constitutional right, and she also relied on the decisions of the European Court of Human Rights.