The Kosovo Law Institute (IKD) submitted a request on Thursday to the Speaker of the Assembly, Albulena Haxhiu, and the heads of parliamentary groups to initiate a parliamentary debate regarding the non-implementation of positive legislation and the realization of the right to an old-age pension, in addition to the pension and benefits provided by law for war-affected categories.
IKD researcher Naim Jakaj said that the Assembly should issue a resolution obliging the Ministry of Finance to ensure the payment of dual pensions.
“We are requesting that a parliamentary debate be held within two to three weeks or a month so that the Ministry of Finance and the Ministry of Labor issue a resolution in which the Assembly explains why this legal act, which guarantees the right to dual pensions, has not been passed, outlining the legal, social, and financial consequences of this inaction and the need for urgent action by the Ministry of Finance. We expect a quick response from the heads of parliamentary groups, but also from the Speaker of the Assembly to exercise her authority and convene a session,” he said.Meanwhile, another IKD researcher, Arrita Rezniqi, said that current legislation allows citizens in these categories the right to receive dual pensions.
She added that the IKD Free Legal Aid Center has filed around 700 lawsuits to secure the right to dual pensions, all of which have been approved so far. “Current legislation grants citizens in these categories the right to receive two pensions. This right has been confirmed and consolidated through court practice up to the Supreme Court level. All individuals reaching retirement age cannot and should not be forced to choose between one pension or the other. They are entitled to both pensions, and consequently, their right to dual pensions cannot be denied. This means that all those reaching retirement age have this right, including war-affected categories,” she emphasized.She added that it remains unclear why, despite the clarity of the law, consolidated judicial practice, and the Ministry’s execution of decisions, new applications from citizens who have not yet applied for recognition of this right continue to be denied.
