Constitutional protection of pensioners’ human dignity
This paper proceeds from the hypothesis that unequal treatment of citizens in terms of their rights may be the result of self- restriction of constitutionality by the Constitutional Court and that it can lead to violations of the principle of equality in the pension fund. This aspect of the constitu...
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| Format: | Article |
| Language: | English |
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Ministry of Defence of Serbia - Military Publishing House, Belgrade
2016-01-01
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| Series: | Војно дело |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0042-8426/2016/0042-84261605326G.pdf |
| _version_ | 1797662426969145344 |
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| author | Gudelj Nadežda |
| author_facet | Gudelj Nadežda |
| author_sort | Gudelj Nadežda |
| collection | DOAJ |
| description | This paper proceeds from the hypothesis that unequal treatment of citizens in terms of their rights may be the result of self- restriction of constitutionality by the Constitutional Court and that it can lead to violations of the principle of equality in the pension fund. This aspect of the constitutionality restriction is a current phenomenon. In connection with these changes one can accept the thesis of a restrictive interpretation of constitutional norms, even the theory of applying double standards to the citizens, but only in the substantive-legal restrictions of constitutionality. However, these mechanisms necessary for the implementation of the constitutionality and the protection of the Constitution are entrusted to the parliamentary majority. These mechanisms are the main control mechanisms of the constitutionality, and their control parameters are called immutable constitutional principles, or constitutional impunity. The attention is drawn to the practice of the Constitutional Court, where it can be seen that the Court itself expresses this kind of restraint in the application of the constitutionality which is reflected in fluctuations in its legal judgments. In conclusion, moral and theoretically and legally argumented strength from the practice of the European Court in Strasbourg is used, to point out that the Constitutional Court may not allow the policy of double standards when it comes to the implicit restrictions of the constitutionality in some decisions of the Government, and justify as being constitutional the application of the double view of the problem of the citizens’ achieving the equality in the use of assets from the pension fund, which is caused by their unjust deprivation of a certain percentage of a pension or any other form of social rights. As regards the Decision on Limitations in the Pension Fund, legal remedies are not provided for effective appeal in case of violation of equality, even though, by the letter and spirit of the Constitution, the government has no right to have dual views of the social rights guaranteed by the Constitution, except in cases of explicit restriction of the constitutionality or restrictions of the constitutional power under the Constitutional Law. |
| first_indexed | 2024-03-11T19:00:01Z |
| format | Article |
| id | doaj.art-ffc0d56669c34681b9e28c16d68c4ae1 |
| institution | Directory Open Access Journal |
| issn | 0042-8426 2683-5703 |
| language | English |
| last_indexed | 2024-03-11T19:00:01Z |
| publishDate | 2016-01-01 |
| publisher | Ministry of Defence of Serbia - Military Publishing House, Belgrade |
| record_format | Article |
| series | Војно дело |
| spelling | doaj.art-ffc0d56669c34681b9e28c16d68c4ae12023-10-10T13:41:40ZengMinistry of Defence of Serbia - Military Publishing House, BelgradeВојно дело0042-84262683-57032016-01-0168532633410.5937/vojdelo1605326G0042-84261605326GConstitutional protection of pensioners’ human dignityGudelj Nadežda0Odsek za koordinaciju izrade procene rizika I plana zaštite sa aspekta terorističkog napada, SerbiaThis paper proceeds from the hypothesis that unequal treatment of citizens in terms of their rights may be the result of self- restriction of constitutionality by the Constitutional Court and that it can lead to violations of the principle of equality in the pension fund. This aspect of the constitutionality restriction is a current phenomenon. In connection with these changes one can accept the thesis of a restrictive interpretation of constitutional norms, even the theory of applying double standards to the citizens, but only in the substantive-legal restrictions of constitutionality. However, these mechanisms necessary for the implementation of the constitutionality and the protection of the Constitution are entrusted to the parliamentary majority. These mechanisms are the main control mechanisms of the constitutionality, and their control parameters are called immutable constitutional principles, or constitutional impunity. The attention is drawn to the practice of the Constitutional Court, where it can be seen that the Court itself expresses this kind of restraint in the application of the constitutionality which is reflected in fluctuations in its legal judgments. In conclusion, moral and theoretically and legally argumented strength from the practice of the European Court in Strasbourg is used, to point out that the Constitutional Court may not allow the policy of double standards when it comes to the implicit restrictions of the constitutionality in some decisions of the Government, and justify as being constitutional the application of the double view of the problem of the citizens’ achieving the equality in the use of assets from the pension fund, which is caused by their unjust deprivation of a certain percentage of a pension or any other form of social rights. As regards the Decision on Limitations in the Pension Fund, legal remedies are not provided for effective appeal in case of violation of equality, even though, by the letter and spirit of the Constitution, the government has no right to have dual views of the social rights guaranteed by the Constitution, except in cases of explicit restriction of the constitutionality or restrictions of the constitutional power under the Constitutional Law.https://scindeks-clanci.ceon.rs/data/pdf/0042-8426/2016/0042-84261605326G.pdfthe principle of equalitydouble standardsself-restriction of constitutionality |
| spellingShingle | Gudelj Nadežda Constitutional protection of pensioners’ human dignity Војно дело the principle of equality double standards self-restriction of constitutionality |
| title | Constitutional protection of pensioners’ human dignity |
| title_full | Constitutional protection of pensioners’ human dignity |
| title_fullStr | Constitutional protection of pensioners’ human dignity |
| title_full_unstemmed | Constitutional protection of pensioners’ human dignity |
| title_short | Constitutional protection of pensioners’ human dignity |
| title_sort | constitutional protection of pensioners human dignity |
| topic | the principle of equality double standards self-restriction of constitutionality |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0042-8426/2016/0042-84261605326G.pdf |
| work_keys_str_mv | AT gudeljnadezda constitutionalprotectionofpensionershumandignity |