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Kosovo/ Contribution-paying pensioners will have their diplomas recognized even after January 1991
2026-03-25 17:01:11 / KOSOVA
The Supreme Court of Kosovo has declared illegal an article of an administrative instruction that required contributory pensioners to prove their level of education before January 1, 1991 in order to benefit from the qualification criterion.
The Supreme Court said it has repealed paragraph 5 of article 5 of an administrative instruction approved in 2015, which regulates the categorization of contributory pension beneficiaries according to the qualifying structure and duration of contribution payment.
According to this article, pensioners had to prove their educational qualifications – whether secondary, higher, university and postgraduate – acquired before this date.
"The court finds that the contested provision, which required that evidence of educational qualification be obtained before 01.01.1991, has no legal basis and constitutes an excess of the authorization granted by law. According to the reasoning of the judgment, the relevant law on pension schemes does not link the right to a pension to the time of obtaining the educational qualification, but to the payment of contributions and the fulfillment of legal conditions," the court's announcement said.
The Supreme Court also said that the restriction imposed is “arbitrary” without any “clear legitimate purpose and disproportionate”, arguing that it excludes an entire category of contributory pensioners “who have fulfilled the legal conditions, solely due to the time of obtaining their educational qualification.
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