Rome, 30 April 2015 – The Constitutional Court declared unlawful under the Save Italy decree passed by the government Monti, that provides the mechanism of equalization, or blocking of the adjustment to the cost of living pension higher three times the minimum INPS matured in the years 2012-13. This is the Article. 24 of Decree Law 201/2011, the so-called norm Fornero, that interest 6 million pensioners.
The ruling of the consultation was filed today . “The interest of pensioners, especially holders of pension benefits modest – says the measure – is aimed at the preservation of the purchasing power of the sums received, hence so consequential to the right a social security benefit adequate. This right, constitutionally established, is unreasonably sacrificed in the name of financial needs not explained in detail. ”
MINA ON ACCOUNTS OF THE STATE – N otevole l ‘impact on the public accounts . The State Legal estimated that the adjustment was worth 1.8 billion for 2012 and 3 billion for 2013. illegitimate becoming the norm, therefore, would be lost almost 5 billion of revenue. And the unions are even talking about 10 billion hole for public purse . Why, they say, those retirees who have been taken away something, now should be repaid.
UNIONS: return the stolen AI PENSIONATI- “After the story of esodati another resounding blow to law Fornero: the decision of the Constitutional Court confirms that the so-called reform is not in feet and that the current rules need to be changed. ” So Vera Lamonica, confederal secretary of the Cgil , comments on the ruling. Lamonica for “the government is wrong not to open an urgent debate on how to change the law as a whole. Now – concluded the union leader – must should promptly return the stolen goods to pensioners , starting from those with allowances equal to three times the minimum “.
Uil and Cisl rejoice and ask to pay retirees. “A judgment that finally does justice”. It said in a note to Domenico Proietti, confederal secretary of the UIL and Romano Bellissima, general secretary of Uil-Retired. “ The decision of the Constitutional Court confirms the unfairness and inappropriateness of the act on the equalization of pension cost of living,” says the confederal secretary of Cisl, Maurizio Petriccioli who hopes that the ruling will ” serve as a warning for the future, both for the government and for Parliament. ”
CGIL: THE HOLE ‘OF 10 BILLION – I 6 million pensioners interested in blocking the adjustment of pensions and the’ hole ‘for the treasury State that according to sources ranging from five to almost 10 billion euro. According to the unions, in particular the Spi-Cgil, the hole could open up is over five billion and nearly 10 billion. Pensioners would not have been paid a total of 9.7 billion euro , equivalent to a loss per capita average of 1,779 euro. The State Attorney instead had placed on the scales, which offset the possible acceptance of the appeal, the figure of about 5 billion that the state should have return to pensioners: 1.8 billion for 2012 and 3 billion for 2013.
MISE: “PENSIONERS HAVE THE RIGHT TO THOSE MONEY” – If you declare unlawful the failure to pay the adjustment, those retirees now have the right to have it. The consequence is that adaptation is payable “. So ANSA Deputy Minister of Economy Enrico Morando , noting he had not yet read the written judgment.” After we will evaluate what to do. “
FORNERO: WAS NOT MY CHOICE – Elsa Fornero, that gives its name to the rule declared illegitimate, is called out. ” N on was my choice, “ says former Minister of Labour, pointing out that it was a decision” around the Government “taken to make savings in the short term.” I’m reproached for many things – but says that was not my choice, it was the thing that cost me more. “
SALVINI: UNO SBERLO AL PD -” A beautiful sberlone to Fornero, the Democratic Party and who voted that infamous law “: so, talking with ANSA, Matteo Salvini said the rejection of the council.” But now – adds Salvini – aspect to Renzi an answer to what I said, to overcome the infamous law, ready, if necessary, to vote on a proposal League-Democratic Party. “
THE REASONS FOR BROWSE – To raise the question of constitutionality had been, with various orders between 2013 and 2014, The Court of Palermo, section work; the Court of Auditors, the legal section for the Emilia-Romagna; the Court of Auditors, the legal section for the region Liguria.
According to the consultation, the reasons set out at the base of the decree are bland and generic, while the outcome that occurs for retirees is heavy . “It must be recalled – reads the judgment – which, for the manner in which it operates the mechanism of equalization, any loss of purchasing power of the treatment, even if limited to short periods, is, by its nature, final. Subsequent revaluations will, in fact, calculated not on the actual value of the original, but the last nominal amount, that the non-adjustment has already been affected. “
” The complaint relating to paragraph 25 of Article. 24 of Law Decree no. 201 of 2011, if examined under the profiles of the proportionality and adequacy of the pension – says the ruling – suggests that they have been validated the limits of reasonableness and proportionality, with resulting injury to the purchasing power of the treatment and irremediable frustration of the legitimate expectations nurtured by the employee for the time after the termination of their activities. “
” are, therefore, ntaccati fundamental rights related to the pension relationship , based on unequivocal constitutional principles: the proportionality of the retirement benefits, understood as deferred compensation (art. 36 Constitution) and adequacy (art. 38). The latter is to be understood as an expression of some, though not explicit, the principle of solidarity “(Art. 2) and” at the same time implementation of the principle of equality “(art. 3).
