Lastninsko varstvo socialnih pravic

slovenian

2015

volume 41, issue 6/7

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

Property protection is one of the oldest legal institutes. Two fundamental rights to property and to social security are analysed. Most interesting is the interrelation between them. Question is, whether property protection can be awarded to the right to social security and concrete rights for its implementation. Some recent decisions of the Slovenian Constitutional Court and the European Court of Human Rights deal with the property protection of the right to (old-age) pension. It can be awarded to a broader scope of beneficiaries, exported to other countries, it can protect the funds from which it is financed, or it prevents radical reduction of benefits in the times of recession. However, the leading principle of the right to social security is solidarity, which distances it from pure property perception and stresses solidaristic interconnection between insured persons and in the society as such.

19.01.2017