Jerinić, Jelena (2015) The Easy Way Out : How the Serbian Constitutional Court Delivered its First Ruling on the Constitutionality of the Government's Austerity Measures. Revue Européenne de Droit Public = European Review of Public Law = Eur. Zeitschrift des Öffentl. Rechts = Rivista Europea di Dirito, 27 (4). pp. 1711-1726. ISSN 1105-1590
Full text not available from this repository. (Request a copy)Abstract
The text is a brief presentation of the Serbian Constitutional Court�s ruling on the constitutionality of a law passed in 2014 to reduce the burden on the state budget imposed by pension payments, as part of the Government�s austerity measures. The Constitutional Court, by a tight majority, in September 2015, dismissed the initiatives for the constitutionality review of this law, finding that the Serbian Constitution only guarantees the right to pension insurance and that the right to pension is a right regulated by law and that, consequently, pensioners are not guaranteed a right to a certain amount of pension. It also held that, by protecting a larger group of pensioners from reduction of pensions, the state abided by its constitutional obligation to take care of the pensioners� economic security. The dissenting judges, on the other hand, held that the Court should not have ended the procedure with a non-mandatory decision, but that a full proceeding with a public hearing should have taken place. By deciding with a procedural ruling, the Constitutional Court missed the opportunity to position itself toward a more general, doctrinary issue concerning state intervention in the wider area of socio-economic rights and social security. During the upcoming year, the Serbian Constitutional Court will have to deliver its decisions on at least three more laws passed within the Government austerity scheme, while the European Court of Human Rights will deal with this case, since applications will be submitted to it by Serbian pensioners' associations.
| Item Type: | Article |
|---|---|
| Additional Information: | COBISS.SR-ID 517366716 |
| Uncontrolled Keywords: | Ustavni sud Srbije, Penzije, Odluke |
| Subjects: | Law (General) |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 13 Dec 2023 16:40 |
| Last Modified: | 27 Dec 2023 13:14 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/470 |
Actions (login required)
 |
View Item |
