Alberto Avio

Hardly overcoming traditional categories: the dialogue on retirement pension between the legislator and Constitutional Court

  • Abstract

Informations and abstract

Keywords: Retirement Pensions; Constitutional Court; Solidarity Principle.

In judgment 70/2015, the Constitutional Court puts forward an old interpretation on the retributive nature of retirement pension. This decision finds its roots in an interpretation of Art. 38 of Constitution, according to which the social security system is brought back to its insurance origin. However, the 1992 and 1995 reforms no longer allow this interpretation. Indeed, the present day pensions are based upon the solidarity principle of Articles 2 and 3 of our Constitution. Scholars are waiting that the Constitutional Court brings up to date its opinions on this issue, by taking into consideration the reforms of the last 20 years.

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