The fundamental right to retirement pension in a financial emergency scenario

Abstract

The particular sacrifices that have been imposed in recent years on pensioners and retirees, in addition to their significance within the political debate on the future of the welfare state and, in particular, on the sustainability of social security, also give rise to intense constitutional debate. This debate is inevitable, both because of the objective finding that ordinary legislation has adversely affected the constitutional right to a pension —which necessitates a direct challenge to its constitutionality on the grounds of a possible violation of a fundamental right— and from the need to address the violation of the constitutional principles that govern the actions of public authorities when, under the rule of law, they impose special burdens on citizens.