Studies constitutional right a retirement pension

Abstract

This work analyzes the constitutional right of the elderly to adequate and periodically updated pensions. The analysis is made within the context of the reform of our retirement pension system (pension and health insurance system) carried out in 2011. The article examines, in particular, the constitutional nature to the right to a retirement pension, analyzing if we are facing a genuine subjective right as well as its degree of legal efficiency.

Special attention is given to the delimitation of the constitutional content of the right, examining its legislative development through a contributory and non-contributory pension system. The article also studies if from a constitutional perspective, it can be set a compulsory retirement age and the valuation regarding the progressive increase of the retirement age until the age of 67 years within a transitional period of 15 years, increase (that was) introduced in the reform of 2011.

We also examine how must be interpretated the constitutional mandate of the pensions being periodically updated, analyzing the Constitutional Court case law under which from the Constitution does not emerge the obligation of maintaining each and every initial pensions of the intended amount and that each and every of the present ones will experience an annual increase.

Finally, we wonder if our retirement pension system is an irreversible social gain, raising up also the Constitutional Court case law on this.