Prishtinë, 13 February 2024 – The Ombudsperson on 13 February 2024, has delivered to the Constitutional Court of the Republic of Kosovo, the Referral for assessment of compatibility with the Constitution of Article 4 of Law no. 08/L-248 on Amending and Supplementing the Law No. 04/L-131 on Pension Schemes Financed by the State (henceforward: “Contested Law”).

The issue raised by the Ombudsperson is related to the contribution-paying pension period defined by Article 8 of Law no. 04/L-131 on Pension Schemes Financed by the State, for which the Ombudsperson, on 6 April 2018, published Ex-officio Report with Recommendations 235/2018, where it has been emphasized that a part of citizens who worked before 1999 do not benefit from the old-age contributory pension, due to the fact that in 1989 and onwards, they were dismissed from work in a discriminatory manner as a result of violent measures and that for this reason they have not been able to reach the pension contribution-payer work experience of 15 years. Through this report, the Ombudsperson has requested amendment of the law and inclusion in the contributory pension scheme all citizens who, due to the violent dismissal from work, have not been able to reach the 15-year pension period defined by law.

In this regard, the Constitutional Court, through Judgment KO 190/19, of 16 January 2023, found that Law No. 04/L-131 on Pension Schemes Financed by the State is not in compliance with Article 24 [Equality before the Law] of the Constitution in relation to Article 14 (Prohibition of Discrimination) of the European Convention on Human Rights and Article 1 (General Prohibition of Discrimination) of Protocol No. 12 of the European Convention on Human Rights. Consequently, the Constitutional Court has ordered the Assembly and the Government of the Republic of Kosovo, actually till 15 of July 2023, to take the necessary actions to supplement and amend Article 8 of the Law on Pension Schemes Financed by the State, in accordance with the Constitution and this Judgment.

The contested law entered into force on 16 August 2023, which, among other things, adds the article named “Partial old-age contribution –payer pension” which, according to the Ombudsperson, does not solve the problem due to the fact that a number of citizens dismissed from work, as parts of violent measures, remain again outside this scheme. The Ombudsperson considers that retaining the pension contribution-payer work experience of 15 years as a criterion, continues to deny accomplishment of the right of citizens dismissed from work, who as a result are unable to fulfill this criterion.

The Ombudsperson estimates that in this way these citizens are denied the right to equal treatment before the law, as it is also defined in the Judgment KO 190/19.