Adequacy and adjustment of pensions: constitutional principles and empirical data.

Journal title DIRITTO COSTITUZIONALE
Author/s Salvatore La Porta
Publishing Year 2024 Issue 2024/2
Language Italian Pages 22 P. 53-74 File size 195 KB
DOI 10.3280/DC2024-002004
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The Author reconstructs the pension adequacy referred to in Art. 38 of the Constitution, finalizing it to the participatory intent pursuant to Art. 3 of the Constitution. It is argued that this finalization gives rise to the obligation to adjust the pension over time. Without prejudice to this finalization, it is argued that in concretely determining the amount of the pension, the legislator will have to make use of empirical data, also maintaining the sustainability of the social security system with a view to intergenerational solidarity. Some provisions of the current legislation will be critically analyzed in light of this approach.

Keywords: previdenza sociale, lavoro, costo della vita, inflazione, discrezionalità, solidarietà intergenerazionale; social security, work, cost of living, inflation, discretion, intergenerational solidarity.

Salvatore La Porta, Adeguatezza e adeguamento delle pensioni: principi costituzionali e dati empirici in "DIRITTO COSTITUZIONALE" 2/2024, pp 53-74, DOI: 10.3280/DC2024-002004