Adequacy of pension benefits and Article 36 of the Constitution
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Rosa Di Meo
Publishing Year 2025 Issue 2025/187
Language Italian Pages 31 P. 487-517 File size 229 KB
DOI 10.3280/GDL2025-187007
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The essay analyses the link between Article 36 and Article 38 in constitutional case law on social security, i.e. the use over time and the applicability to pensions of the parameters of proportionality and adequacy provided for in the Constitution for remuneration. In this context, the historical analysis of the Court’s case law is fundamental to argue the thesis that the author offers to the debate, namely that there is a link between remuneration and pensions that cannot be completely overlooked by the legislator, despite the transition to the contribution-based system and the application of the budget balance parameter (considered inappropriate) to pensions.
Keywords: Pension; Proportionality and adequacy; Adequacy; Link; Constitutional Court.
Rosa Di Meo, Adeguatezza del trattamento pensionistico e art. 36 Cost. in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 187/2025, pp 487-517, DOI: 10.3280/GDL2025-187007