9 hours agoConstitutional decision: Retirement rights recognised during the years, 199-99
Periskopi(a year ago)
(a year ago)The Constitutional Court has published the indictment in the Ko35/24 case initiated by the Ombudsman, who called for assessment of the constitutionality of Law No. 08/L-248 for Change and Fulfill Law No. 04/L-131 for the State-funded Pension Scheme. The court, with unanimous ruling, found that Article 4 of the controversial Law, which adds article [...]
The court, by unanimous ruling, found that Article 4 of the controversial Law, which adds Article 8A to the basic Law, is not in conflict with Article 24 of the Constitution (Easia v. Law), as well as Article 14 of the European Convention on Human Rights and Article 1 of Protocol No. Twelve of this Convention.
Through this act, the Court estimated that the lawmaker respected the court's previous findings in the KO190/19 case, eliminating earlier discrimination against workers of social enterprises, police, judiciary and others who had been exempted from the right to retire older contributions.
With legal changes, a new pension scheme has been created -- “preferential contribution of age” -- which recognizes the pension rights of all workers expelled from work during the years 1989 1999 -- as a result of violent measures, even in cases of failing to reach full stagnation for 15 years.
The court stressed that no longer is required for payment of contributions for 1989,1999, but only evidence that the worker has been fired during this period.
Thus, inequality between groups of workers has been eliminated, providing equal and inclusive treatment in the pension right.
Eventually, the Constitutional Court estimated that the controversial Law guarantees a just balance between public interest and individual fundamental rights by meeting constitutional and international standards for preventing discrimination. /Periscope/
