IKD seeks debate in the country on double retirement: Citizens have the right to take that base and war

According to the IKD, current legislation recognises these categories the right to benefit two pensions, however that right, according to the institute, continues to not be implemented in practice by responsible institutions, despite having been confirmed even through judicial practice to the Supreme Court level of Kosovo.

IKD's representative, I achieved Rezniqi, said that after accepting initial concerns, the institute has conducted detailed judicial analysis and found that legislation in effect allows citizens of these categories to benefit two pensions, adding that this right has been confirmed even through judicial practice until the Supreme Court.

After accepting the first information and concerns on this issue, we have conducted a detailed legal analysis through which we have clearly ascertained that legislation in effect allows citizens of these categories the right to benefit two pensions. This right was confirmed and consolidated even through judicial practice, to the Supreme Court level. From the beginning we have clarified and continued to clarify that Law No. 04/L-054 for the status and rights of witnesses, Invalids, Veterans, members of the KLA, victims of sexual violence during the war, civil victims and their family members, is a special law in relation to Law No. 04/L-131 for the State-funded Pension Scheme. As special law, in Article 23 paragraph 2, it stipulates that “users of basic pension can realise all rights and benefits stipulated by this law, if they meet the conditions and criteria according to the provisions of this law”, she said.

She added that no provision of the Law on Pension Scheme funded by the State and no other nor any normative act has abolished this provision, stressing that, as a result, senior pension beneficiaries are eligible for the law pension for categories resulting from war if they meet the conditions, EO reports. Periscope.

On the other hand, with no provision of the State-funded Pension Scheme Law, though it is a later law, nor any nor any normative act, has Article 23 of Law 04/L-054 been abolished. As a result, each beneficiary of age pension also has a legal right to the pension stemming from the Law on status and rights of war categories if it meets the corresponding criteria. This approach has been repeatedly confirmed by the consistent judicial practice until the Supreme Court. Consequently, those who achieve retirement age cannot be forced to choose between one or the other pension, nor can they be denied the right to the benefit of both pensions”, she said.

Rezniqi said, however, that this practice continues to be implemented in the pension departments, where many citizens make denial decisions for a right that according to it is clearly due by law.

However, even today this practice continues to apply to pension departments, where a considerable number of citizens continue to accept rejection decisions for a right that is clearly entitled to them by law. Over the past two years, The IKD has undertaken numerous activities aimed at reaching a comprehensive, collective and permanent solution. Because of the lack of will on the part of the executives, we have been forced to follow in parallel the realisation of individual rights through the judicial road through the Centre for Free Juryency Assistance. Only during this period have we filed about 700 lawsuits of this nature”, she said.

IKD senior researcher Naim Jakaj said that as it comes to systemic problems, institutions should not see the legal norm only strictly for implementation, but also in its social dimension.

He said a parliamentary debate is required within a short period of time, so that responsible institutions, including the Kosovo Finance Ministry, will clarify the reasons why the illegal act for implementing the right to double pension and addressing the legal, social and financial consequences of the situation has not been issued.

And given that this is a systemic problem, given that the Assembly of Kosovo, the executive, should not be without the legal standard only so abstract and strict for implementing it, but to see the social dimension of this rating, we demand that a parliamentary debate be carried out within two, three or three weeks, or within a month, so that the Ministry of Finance, Labour and Transfers already as the Ministry of Finance and Labour Ministry, be released through which Kosovo's Parliament has not been issued under the legal act that implements this act to benefit the double pension, the financial consequences and non-responsive action of the Ministry of Finance and the Ministry of Finance, the Trans Energy Ministry.

So, we expect very soon that the heads of parliamentary groups... are also asking the head of the Parliament to exercise its authority ʹ is permitted by regulations even with the Constitutions to call a session... given the party from which it comes, but other parties that have contributed to the adoption of such a law and in the function of increasing parliamentary control, would have to call such a session as soon as”, he said. /Periscope/