A further failed attempt to identify the "system principle" of the social security system.
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Mattia Persiani
Publishing Year 2018 Issue 2018/157 Language Italian
Pages 5 P. 169-173 File size 141 KB
DOI 10.3280/GDL2018-157005
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The constitutional Court, with judgment 250/2017, has rejected the various challenges of unconstitutionality raised against the law that had reformed the automatic revaluation system, following the suggestions expressed by the same Court in its judgment from 2015. However, the legal reasoning of the recent judgment is based solely upon arguments mainly referring to the contingency/the entity of the benefit and the alleged margins of resistance to the erosion of the retirement benefits’ purchasing power. Therefore, the expected indications on both the function of our social security system and - consequently - the "system principle" that should inspire it are missing.
Keywords: Reasonablness; Adequacy; Proportionality; System principle; Social security sys-tem.
Mattia Persiani, Ancora un tentativo non riuscito di individuare il principio costituzionale di sistema in materia previdenziale in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 157/2018, pp 169-173, DOI: 10.3280/GDL2018-157005