Cut to annuities, legitimacy issues are inadmissible for the Consulta


The new regulation of the allowances of former senators, reduced as a result of the application of the contributory regime also to benefits accrued before 2012, and its compatibility with the general principles on social security, established by the Constitution, cannot be challenged by the Constitutional Court

The new regulation of the annuities of former senators – reduced as a result of the application of the contributory regime also to benefits accrued before 2012 – and its compatibility with the general principles on social security, established by the Constitution, cannot be reviewed by the Constitutional Court .

Minor Senate Rule

The redetermination of annuities is in fact arranged with a minor regulation of the Senate, which is not included among the acts with the force of law, submitted to the judgment of the Court, but can be directly reviewed by the self-declaration bodies of the Senate. Thus the Consulta declared the questions inadmissible of illegitimacy.

The objections of the Board of Guarantee

The provision of the annuity law would ensure “a desirable homogeneity of the discipline concerning the status of parliamentarian”, as well as guaranteeing that that normative act could be scrutinized by the Court itself. The Guarantee Council considered that the new rules were in conflict with articles 2, 3, 23, 36, 38, 53, 67, 69 and 117 of the Constitution. In the sentence drafted by Judge Maria Rosaria San Giorgio, the Court, while noting that it could not express itself on the cut because it was ordered with an internal regulation of the Senate, nevertheless specifies that the emoluments, due at the end of the elective office, ” by investing an essential component in the economic treatment of the parliamentarian, they contribute to ensuring that all citizens have the same right of access to the relative function” and avert “the risk that the performance of the parliamentary munus, […] may remain deprived of adequate social security protection”.



Source-tg24.sky.it