Il principio di adeguatezza delle prestazioni previdenziali nella giurisprudenza della Corte costituzionale
Academic Article
Publication Date:
2021
Citation:
Il principio di adeguatezza delle prestazioni previdenziali nella giurisprudenza della Corte costituzionale / G. Ludovico. - In: VARIAZIONI SU TEMI DI DIRITTO DEL LAVORO. - ISSN 2499-4650. - 2021:4(2021), pp. 815-839.
abstract:
The essay aims to explore the different meanings that the principle of adequacy of social security benefits to the needs of the worker’s life, of Article 38, paragraph 2, of the Constitution, has taken on in the jurisprudence of the Constitutional Court. From the pronouncements of the Constitutional Court it emerges a particularly dynamic principle that has been
able to adapt to the different phases of evolution of the social security system, becoming the main instrument of reconciliation between social rights and other constitutional interests. The principle of adequacy has thus been able to express different meanings at a temporal level, with regard to the evolution of the social security system, and with reference to the different phases of the insurance relationship, and new meanings, still to be deciphered, seem to emerge in the field of intergenerational solidarity. From the constitutional case law, a dynamic and elastic principle thus emerges, the meaning of which is defined by the confrontation between the constitutional judge and the discretionary choices of the legislator.
able to adapt to the different phases of evolution of the social security system, becoming the main instrument of reconciliation between social rights and other constitutional interests. The principle of adequacy has thus been able to express different meanings at a temporal level, with regard to the evolution of the social security system, and with reference to the different phases of the insurance relationship, and new meanings, still to be deciphered, seem to emerge in the field of intergenerational solidarity. From the constitutional case law, a dynamic and elastic principle thus emerges, the meaning of which is defined by the confrontation between the constitutional judge and the discretionary choices of the legislator.
IRIS type:
01 - Articolo su periodico
Keywords:
adeguatezza; prestazioni; previdenza sociale; Corte Costituzionale; adequacy; social benefits; social security system; Constitutional court
List of contributors:
G. Ludovico
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