135/2010 Sb.
FIND
The Constitutional Court
On behalf of the Republic of
The Constitutional Court decided on 23 December 2005. March 2010 in plenary in the composition of Stanislav
Package, Francis Skinner, Vlasta Formankova, Turgut Güttler, Pavel
Holländer, Ivana Janů, Vladimir Crust, Dagmar Lastovecká (judge
the Rapporteur), Jiri Mucha, Jan Musil, Jiří Nykodým, Pavel Rychetský,
Miloslav Výborný, Elisabeth Wagner and Michael in the April draft
The regional court in Ostrava, for which the judge is JUDr. Bohuslav
Drahosova, on the repeal of section 15 of the Act No 155/1995 Coll., on pension
insurance, with the participation of the Chamber of deputies of the Parliament of the United Kingdom and
Senate of the Parliament of the Czech Republic as the parties,
as follows:
The provisions of § 15 of Act No 155/1995 Coll., on pension insurance, is lifted
on 30 April 2005. 9.2011.
Justification
(I).
Recap of the proposal and the arguments of the applicant
1. the Constitutional Court received on 13 June. 4. the 2007 proposal by a regional court in
Ostrava (hereinafter referred to as "the applicant" or "District Court") in accordance with the
article. 95 para. 2 of the Constitution of the Czech Republic (hereinafter referred to as "the Constitution") sought
cancellation of part of the provisions of the second sentence of section 15 of Act No. 155/1995 Coll., on
Pension Insurance Act, in the version in force at the date of 29. 5.2006, expressed
the words "to 21 800 Eur" and the words "and the amount of personal assessment
the base of over £ 21 800 counts 10% "; as an alternative to petit while
the applicant proposed to repeal the provisions of § 15 of Act No 155/1995 Coll., on
pension insurance.
2. in the application initiating proceedings the claimant stated that in the legal stuff
JUDr. The decision of 29 January 2004. 5.2006 (number 480 506 088)
applicants granted from 1. 2. the 2006 full disability pension pursuant to the provisions of §
paragraph 39. (l) (a). and Act No. 155)/1995 Coll. of 13 346 € per month with
the grounds that the pension consists of a basic amount, which shall be 1 470 Czk
on a monthly basis, and the percentage of acreage, which makes 11 876. This percentage
acreage was calculated from the personal assessment base established for
1986-2005 in the amount of $ 68 635.
3. The plaintiff attacked at the regional court in Ostrava, the amount of the granted pension and
knowing that the amount was determined in accordance with the provisions of article 15, and
subs. and section 41 of Act No. 155/1995 Coll., and pointed to the fact that
the total amount granted the pension amounts to only 20% of his income (which
not be considered a reasonable sustenance). Since the average amount
income in 2004 amounted to 44% of the gross average income (or 57%
the net average income), had the applicant considered that the pension granted to him
determined by the vast inequality of his personality to the other poživatelům
the pension system. In the lawsuit, filed at the District Court said the plaintiff
non-compliance of the provisions of section 15 of the Act No 155/1995 Coll. with the provision of article. 30
paragraph. 1 of the Charter of fundamental rights and freedoms ("the Charter"),
as the provisions set out in this reduction of income for the calculation of the percentage
the acreage of the pension it has disadvantage and based its unequal position.
4. At the regional court, the contested decision considers the applicant for
correct, if this is a method of calculation and compensation of seniority.
The appellant however came to the conclusion that the provisions of section 15 of the Act on
Pension Insurance Act cannot be accepted, because it is unconstitutional, as they are
This provision is harmed by the insured persons with higher incomes, meaning those persons,
whose income exceeds the basic personal amount
the calculation basis. For employees, moreover, unlike people
self-employed there is no maximum limit
the calculation basis.
5. the applicant points out that, according to the name of the law is an insurance
therefore a legal Institute, which each rule has its steady
the contents of the. The insured person carries its own risks for consideration on another body which
This risk takes over and under certain situations is bound to provide
provided for the performance. The insurance paid, therefore, must be treated
as with locking, rather than as taxes. The premiums would be according to the
the relationship between the applicant and the premiums paid should be
clear and reasonable. The applicant stresses that, in particular, the application of the second
reducing boundary occurs to a substantial reduction of the calculation basis,
without apparent consideration for the legitimate objectives of the legislature and the meaning of such
of the legislation. The effective result of the application of such reduction is
the sum of the paid insurance is higher, the relatively lower
pension.
6. the contested provisions of section 15 of the Act No 155/1995 Coll. is not according to the
the petitioner's provision that would, indeed, but on the contrary, inequalities
provision that the flagrant inequality between insured clearly
is based. In any case, you cannot infer a relationship of proportionality. It is therefore
According to the opinion of the applicant must be determined whether the reasons for such a
how objective and whether the means used are proportionate.
Disregard as the appellant cannot, that the criterion of proportionality
the selected resource (rate reduction) in the completely laws
absentuje, and provided for the reduction of the border and the percentage of the bear
the characters of the clear choice of the legislature. Reduction should be for all
insured the same; the rule of law cannot claim holders
insurance and at the same time the selected resources to distribute in a way that those
who contributed the most to the system, does not often 20% of their
the original monthly income, from which the insurance was selected.
7. the applicant also notes that the principle of solidarity is not a specific
legal Institute, of which the result certain rights and obligations.
Solidarity means a sense of belonging to a particular unit,
cohesion, togetherness, the willingness to mutual assistance and support. This is
undoubtedly the principle of ethically completely acceptable, but that in itself
to justify and to accept the above differential treatment
It is not sufficient. Solidarity is sufficiently and strongly reflected by
insurance payments are based on consistently from the salary. The system provides
sufficiently and general solidarity between generations and even goes so far as to
that requires, in order to contribute to this system and those who already have it
in essence, they cannot expect any new transactions (working pensioners).
8. At the end of the proposal the applicant States that the provisions of article 15, law No.
155/1995 Coll., on pension insurance, in its view, is inconsistent with article.
1 (1). 1 of the Constitution, as well as with the article. 1 of the Charter, since it clearly unreasonable
way discriminates against a considerable part of the insured.
II.
Representation of the parties
9. the Constitutional Court, in accordance with the provisions of § 42 para. 3 and 4 and § 69
Act No. 182/1993 Coll., on the Constitutional Court, as amended,
the present proposal to the representation of the Chamber of Deputies and the Senate of the
The United States and also a written opinion on the Ministry of labour and
Social Affairs (in the sense of § 48 para 1 and 2 of the Act on the Constitutional Court).
10. The Chamber of deputies of the Parliament of the United Kingdom in its observations
first pointed to the fact that in the legislative process on the
the soil of the Commons was not in relation to the texts of the provisions of § 15 of Act No.
155/1995 Coll. raised no substantive objection. During the general debate to the
Printing House # 1574 were on 29. 6. the 1995 raised two amendments
suggestions (Dalibor Štambery and Jaroslav Štraita) concerning the text of the provisions
section 15, which are both touching only the amount of the individual reduction of borders,
not their percentuálních values. Assembly print # 1574 was then
approved with Amendment members of Dalibor Štambery. At the end of
their representation of the Chamber of Deputies notes that Act No. 155/1995
Coll. was adopted after duly carried out by the legislative process, was signed by the
respective constitutional officials, and declared in the collection of laws.
11. the Senate of the Parliament of the Czech Republic in its observations that the
Act No. 155/1995 Coll. was adopted by the Chamber of Deputies prior to the
the establishment of the Chamber, he pointed out, however, that the Act was
amended many times (it is less than four dozens of amendments),
However, no amendment to the contested provisions did not cover § 15. Regarding the
navrhovatelovy argued that the "for employees as opposed to people
self-employed there is no maximum limit
the calculation basis "the Senate pointed out that after the application was
the Act No. 261/2007 Coll., on the public budget stabilization, with effect
from the 1. 1.2008 in the provisions of § 15a of Act No. 589/1992 Coll., on
social security contributions to the State employment policy,
a maximum limit is the calculation basis (i) for employees.
III.
The opinion of the Ministry of labour and Social Affairs
12. the Ministry of his comprehensive opinion stressed that
calculation base represents in the Act on pension insurance key
the Institute, without which this law is basically neaplikovatelný. For
determining the calculation basis are essential elements,
the personal assessment base. the reduction of the border. Reducing the boundaries of the
determined by the Government, by regulation, on the basis of the provisions of § 107 para. 2 of the Act
on pension insurance, and the law of the increase of these borders does not
("the Government may increase") and does not specify for their determination of any
limiting conditions. The existence of borders and reducing their level of
the settings cannot be assessed without taking into account, according to the Ministry of all
links and other elements of the trips design calculation of the pension,
i.e.. in particular to the method of indexing bases effectively
achieved in the period from which the income for the calculation of the pension
finding.
13. At the same time the Ministry of rekapitulovalo the historical development and highlighted,
that reduction has been made in the Czech border pension insurance introduced
the law on pension insurance, but already existed for almost 50 years before the
the effectiveness of this law, starting with the effect of Act No 99/1948 Coll.
the national insurance scheme. It should therefore be noted that the legislation of the
1995 first removes one of the earlier restrictive measures
consisting in the fact that, in essence, to income above a certain threshold
did not reflect at all. In this context, the Commission notes that the legislation
valid from 1. January 1996 contained even a host of other restrictions
the amount of the pension, both fixed amount, as well as the highest percentage
acreage, which is assumed by the Pension Insurance Act. The existence of a
reducing borders is, therefore, according to the Ministry, the only "restrictive" element
in the current design of the calculation of the pension.
14. The Ministry further pointed out in its opinion on the international
by comparison, in which pointed out how the Group of countries with high (eg.
Italy, Finland, the Netherlands, Estonia and Croatia) and low (eg.
United Kingdom, Ireland, Denmark, Belgium and Switzerland) degree of equivalence
granted a pension and income before retirement.
15. Attention it has devoted to the Ministry and the nature of the pension
insurance, and referred to the fact that it is widely acknowledged
differential character of social and private insurance. The main differences
between the "social insurance" (how to mark social systems), and
"commercial insurance" (how to mark the other types of insurance) are:
and social insurance) is based first and foremost by the law, while commercial
the insurance commences at the contractual principle; (b) social insurance is for)
the conditions laid down by the law in principle, compulsory, while commercial
insurance is primarily a voluntary; c) performance in the social
insurance is defined Parametrically (rather than individual) law
(often other than that on which are laid down in the rules of payment of insurance premiums),
While commercial insurance, the indemnity is determined in a particular
individual agreement or at least follows from it; (d)) on the payment of premiums
do not participate in the social insurance this insurance only
sympathetic, but also their employers; e) performance by the State
(through pension payers) is usually dependent on the payment of
insurance premiums, for insured persons who are involved in the pension insurance
from employment, while the premium payers, not
However, his "de facto payer"; (f)) in the social insurance code shall apply
many of the social and protective features that significantly modify the relationship between the
obtained by revenue (paid premiums) and the amount of benefits, terms and conditions
the right to benefit (pension); in particular, the institutes of spare time
insurance (when there is no insurance), excluded periods in the calculation of
personal assessment base, the calculated time for entitlement to invalidity
pensions and the guaranteed minimum pension. For these reasons is growing up
the Ministry concluded that you cannot agree with the statement that paid
the insurance must be treated as insurance rather than as taxes.
The payment of social insurance premiums has a completely different meaning and impact
than in commercial insurance.
16. The next section of his opinion, the Ministry dealt with the principle of
solidarity. In relation to the so-called. Ministry of solidarity between generations
notes that the age of retirement, although in the last
years, approximately the speed of renewal of hope
survival, however, is annually paid more of the old-age pensions, which
affects the expenditure for pension insurance. The amount paid on the old-age
pensions in recent years so grew faster than number of old-age
pensions. Solidarity within the (given) the generation, the Ministry States
that solidarity with the economically active economically inactive citizens
manifests itself mainly through the replacement of insurance periods. As to the
the time that is taken into account for the purposes of pension insurance, although
the insurance does not pay for them or any other payments. With the existence of spare
In addition, the periods of insurance is related to the so-called. excluded time; in essence, it
substitute insurance periods that fall within the applicable period of
finding receipts for the calculation of the pension.
17. An important element of solidarity in the context of the generation then presents by
the Ministry of the so-called. income solidarity, which leads to a higher rate of compensation
pre-retirement income for people with low income in the long term with the fact that
rising income level of compensation is declining. The application of the principle of solidarity
in the pension insurance allows you to prevent the social exclusion of certain
population groups and their risk of poverty. In this context,
the Ministry stresses that taking into account the General level of income
the population of the United States and in relation to the objectives, which seek to ensure the
Prevention of social exclusion, in maintaining the standard of living of pensioners and
promoting solidarity within and between generations, the situation is
retirees. Czech Republic belongs to the countries with very low levels of
poverty.
18. Income solidarity is reflected throughout the design of the calculation of the pension.
The amount of income for the calculation of the pension will do for the whole period of economic
things to do, but only a part, which falls outside the period at the
early, when incomes are generally lower. It is also an expression of solidarity,
that for the determination of the amount of the percentage amount of income taken into account
obtaining assessment basics (gross income), of which has also been
paid insurance premiums, but the so-called. annual assessment bases, which are in
Basically, obtaining assessment foundations multiplied by the coefficient
the increase in the general assessment base, thus ensuring the preservation of
the level of income achieved in a particular calendar year, the applicable
the period since the year pension.
19. An important expression of solidarity within the calculation of the pension are based on
just reducing the boundaries of the Ministry, which is from a personal
the calculation basis calculation checks the basis for determining the percentage
the acreage of the pension. At the same time, the Ministry points out that the basic
pension insurance contributes significantly to poverty reduction, the older
generation, which is also one of its fundamental objectives. Abolition of the reduction
the boundaries of this current situation significantly worse, because of the reduction
boundaries are an element which substantially affects the level of
solidarity in the basic pension insurance. With reference to find
The Constitutional Court in case SP. zn. PL. ÚS 12/94 of 12 April. 4. the 1995 (see
below) the Ministry concludes that it is up to the legislature whether retirement
the system favors the equivalence, or solidarity.
20. The next section of his opinion, the Ministry commented on the question
replacement, and reminded that the reduction in replacement rates between
It was among the so-called. the stabilisation measures. The question of a possible increase
This ratio is therefore to be assessed whether or not due to an overall
future developments of the balance of the pension scheme. Replacement rates depends on the
each State on a number of factors. It is a balance of revenue and expenditure
retirement system (including forecasts), premium rates on retirement
insurance, the total tax rate and population load and odvodového
employers support scope of supplementary pension systems,
the historical development of the pension system, the range of insured persons důchodově
and the circle of taxpayers premiums to the pension insurance, the importance of revenue
pension insurance for the financial security of the population and the overall role
the pension system in the company (including the extent of solidarity). With
taking into account these factors, concludes that in the Czech Republic
the current design of the above income and replacement rates correspond to the
socio-economic and political reality, and that is "clear
the arbitrariness of the legislature ", which groups of insured persons with higher incomes
merely wants to provide higher pensions.
21. the reduction of the calculation basis through reducing borders, i.e..
the calculation of the pensions of a 100 average income not identified for
the vesting period, but from the reduced diameter, it is therefore, according to the Ministry of
given the overall conception of the Czech pension system, which is based on the
the broader concept of solidarity in the system, and interconnectivity and
the balance of the various elements of this system, in particular the scope of compensation
individual periods in a way the average income for discovery
the vesting period (including their indexation and reduction), the percentage rate
(1.5%) from the calculation basis for each year of the period of insurance,
pensionable age, the Institute of dopočtené of the time. It should be also pointed out that
the range of solidarity in pension scheme is recognized and it is celospolečensky
most of the company whether or not required, and that a more significant limitation of this
solidarity would be by the vast majority of the company's perceived
negatively.
22. In conclusion, the Ministry expressed its position on the question of
the cancellation of the first and second reduction limits. The cancellation of both reducing border
to reduce the personal assessment base for calculating a pension under section
15 of the Act on pension insurance would, according to the Ministry immediately
effect of newly granted pensions, a horse by increasing
their average relative level to wages from the current approximately 45% to
almost 80%. In the overall level of income would be the abolition of the reduction of boundaries
gradually, as the obvious hits only newly granted pensions.
However, in the long term would increase the average level of
old-age pensions paid (as measured by average old-age sessions
income of the average wage) up almost 65% of the average wage. This fact would
He is negatively in the total expenditure on pensions and sustainability
the whole system.
23. The cancellation of the second reduction threshold for the reduction of personal assessment
the basis for calculating a pension under section 15 of the Act on pension insurance would
According to the Ministry of the summaries of newly granted pensions,
However, this increase would have raised their average relative level to
wages only about 5% of the current 45% to slightly more than 47%.
The relatively small increase in the level of newly granted pensions is given by
only less than 30% of the people, which is reserved for the pension, personal
the assessment base is above the second reduction and offset boundary is only
from 10 to 30%. When fundamental change in reducing border or in their
cancellation would be necessary to analyze the level of all the other elements of
the design calculation of the pension, the percentages for the period of insurance in
retirement age and at the time after reaching retirement age and
reduction of the percentage amount of the pension for early retirement
the pension. Furthermore, it was necessary to rethink the position or level
taking into account the so-called. periods of insurance, which shall be assessed for the purposes of
pension insurance, although for them, insurance or any other form of payment
drawn are not.
24. cancelling reduction the boundaries to reduce the personal assessment base
When calculating the pension would be in the amount of newly granted pensions reflected
by increasing the pensions of assessed from personal assessment base
excess reduction threshold, and if it was associated with changes in
other parameters affecting the amount of a pension, this would lead to
the increase in pension expenditure. Changes in reducing border controls would be set up
inequality between different groups of insured persons, as they would have touched
only for the effectiveness of these imputed income changes, and not from the
economic terms, real delete these inequalities. Cancellation
the provisions of section 15 of the Act on pension insurance would result in it,
It would not be possible to mark the pensions, or should all direct pensions
to be calculated only in minimum guaranteed rates, since it would be
repealed the definition of a key element for the calculation of the percentage amount of pensions
(and the provisions of § 16 to 18 would become practically neaplikovatelnými, and
therefore been rendered obsolete by), and the adoption of the new legislation, it would be very difficult and
as well a reduction once again had to be accepted, because otherwise
replacement rates (proportion of the amount of the pension to the net salary) represented more than 90% of the
(91 to 97%), which is financially totally unrealistic.
25. In addition, the Ministry points out that the obstacle to the reduction
borders, so that for the calculation of the pension, has evaluated the personal assessment
basis on a larger scale, is not itself the provisions of § 15 of the law on
Pension Insurance Act, since the amount of these boundaries determined by the Government, by regulation,
and for the determination of the amount of these borders are not in the Act on pension
no insurance criteria. These criteria are, however, in practice,
given both financial capabilities (including balancing system, respectively.
calling the amount already allocated pensions, in order to avoid differences between the
pensions granted at different times), and the task of reducing border
in the concept of the Czech pension system, and therefore it was not, or not
be made significant changes in the amount of reduction of boundaries
(theoretically it would be possible for the Government to establish a second reduction threshold
When piece measures e.g.. 60 000 CZK).
26. At the end of his opinion, the Ministry notes that the proposal
Regional Court in Ostrava on cancellation of the words "to the £ 21 800" and the words "and of the
personal assessment base amounts over € 21 800 counts 10% "in the
the provisions of the second sentence of section 15 of the Act on pension insurance is not
First, because these words are, as amended Pension Act
insurance do not occur. The provision of section 15 of the Act on pension insurance
they are still the amount of CZK 5 000 and 10 000 CZK, and the amount of
There were no other law amended; These amounts have been raised
Regulation of the Government, but the Government is not a direct amendment
the law. It further argues that neither amount 21 800 Eur is not valid in
2009, as for the year 2009 is the second reduction threshold on the basis of regulation
Government no 365/2008 Coll., the amount of $ 27,000; even when acceptance of the fact that
Decree-Law noveluje law directly, there is an impediment under section 66 paragraph 1. 1
Act No. 182/1993 Coll., on the Constitutional Court, since the contested the wording of, i.e..
amount 21 800 Eur, is no longer valid (see regulation of the Government No. 414/2005
Coll., regulation of the Government No. 462/2006 Coll., regulation of the Government No. 261/2007 Coll. and
Government Regulation No. 365/2008 Coll.).
IV.
The diction of the contested provisions
27. the provisions of section 15 of the Act No 155/1995 Coll.: "Calculation basis is the
the personal assessment base (§ 16), if the amount does not exceed $ 500.
If it exceeds the personal assessment base the amount of CZK 5 000, the
calculation base so that the amount of $ 5,000 is counted in full, from the
personal assessment base amounts over $ 5 000 to 10 000 CZK
counts 30% and from the personal assessment base amounts above 10 000 CZK
10%. ".
In the.
The terms of the claimant's evidence, the admissibility of active design
28. the proposal he handed the regional court in Ostrava, in the context of proceedings for the
It takes place, and to the cancellation of the proposed provisions of the law on
pension insurance is one of those must apply in the proceeding.
His locus standi thus relies on the provisions of § 64 para. 3 of the law on
The Constitutional Court.
29. the Constitutional Court and the question of whether the provision in the proposal
can become the subject of proceedings within the meaning of the provisions of § 64 et seq.. law
on the Constitutional Court, even in situations where there was an increase in government regulations
the so-called. the second reduction (on which, moreover, pointed out in his
opinion and the Ministry of labour and Social Affairs).
30. The rapporteur proposes in the first alternative, their remedies to cancel
under the provisions of the second sentence of section 15 of the Act on pension insurance
expressed by the words "to 21 800 Eur" and the words "and the amount of personal
the calculation basis above 21 800 Czk 10% ". The Constitutional Court is
Therefore, they propose to grant the derogation under the statutory provisions, which in the Act
No. 155/1995 Coll. amounts were established, which were later in the
the meaning of the provisions of § 107 para. 2 the same Act, by regulations of the Government gradually
raised.
31. The Constitutional Court, however, did not have to deal with the consequences of the process of the Government in
the meaning of the enabling provisions, therefore, the question whether or not in
the meaning of the provision of section 67 para. 1 of the law on the Constitutional Court the conditions
for the termination of the proceeding, or whether it is a proposal within the meaning of the provisions of § 66
paragraph. 1 of the law on the Constitutional Court admissible. Indeed, the appellant raised in
the submission of an alternative proposal to the Constitutional Court, while in the second variant
He suggested the cancellation (of the whole) the provisions of § 15 of Act No 155/1995 Coll., constitutional
the Court therefore did not find the conditions for termination of the proceeding and consider the proposal for the
permissible.
Vi.
The constitutional conformity of the legislative process
32. the Constitutional Court, in accordance with the provisions of § 68 para. 2 of the law on
The Constitutional Court examined whether the Act for which the appellant argues
the unconstitutionality of the provisions was adopted and issued within the limits of the Constitution
set out competences and constitutionally prescribed way.
33. From the observations of the Chamber of Deputies and the Senate of the Czech
States, as well as from the relevant Council publications and data on the progress of
the vote, the Constitutional Court found that the Chamber of Deputies approved the proposal
Act on pension insurance on its 32. meeting on 30 November. 6. the 1995 so
even before the creation of the Senate. For 100 and 76 voted against the parliamentarians. Law
was constitutional actors signed, and on 4 December 2002. 8. the 1995 declared in the collection
laws, in the amount of 41 under the number 155/1995 Coll. on Pension Law
the insurance was accepted constitutionally in the prescribed manner and within the limits of
The Constitution provided for competencies in compliance with the rules laid down in article 4(1). 39
paragraph. 1 and 2 of the Constitution.
VII.
Your own review
34. Thus, as revealed in the narrative part of the grounds, is the Constitutional Court
the task of assessing the constitutional conformity of the contested provisions of § 15
Act No. 155/1995 Coll., on pension insurance. Subject to review
The Constitutional Court is therefore primarily the question of whether the ratio between the amount of income,
premiums to the pension insurance and the amount of the pension for the existing legal
editing meets the constitutional requirement of "reasonableness" tangible security
in old age (or incapacity to work or loss of breadwinner) and
does not create inequality claim pension insurance participants.
The assessment of the merits test application for annulment of the provision of section 15 cannot therefore
consist only in the examination of the constitutional conformity custom implementation
the right to adequate material security, as enshrined in the provisions of article. 30
paragraph. 1 of the Charter, but also in terms of the fulfillment of the principle of equality
laid down in article 4(1). 1 of the Charter.
Brief deskripce of pension systems and the Czech legislation
35. the contested provisions of section 15 of the Act No 155/1995 Coll., on the basis of
the pension is calculated, it is not possible to assess in isolation. only
through the prism of the law-but in the wider context of the construction
the pension system as one of the components of the social policy of the State.
36. The pension system constitutes a tool of social policy of the State
through which shall be pursued (Basic) social function
policy. Laws regulating the issues of social security, including
the area of the pension systems, are generally a reflection of social policy
the State, which always comes from a set of factors of social and
the economic. In the pension scheme while still find their fulfillment
mainly the following features. Initial (historically the oldest) is a feature
the trade, which aims to provide protection to individuals or social
groups. The pension system has also a function of the distribution and
redistributive, and redistributive function is associated with mitigation
the differences and inequalities between individuals or social groups. One of the
other features of social policy is also a function of the homogenisation which tends
to mitigate social differences and unjustified differences, but the purpose of
in any case not levelling. Among the features of social policy include
also the function of the stimulus, which should support the economic policy of
by stimulating individuals (cf. Gregorová, Zdeněk: pension systems,
Brno: Masaryk University, 1998, p. 45-47).
37. Pension systems should ensure the provision of tangible
security when certain social events. The provision of tangible
Security can be implemented through three planes (called.
the three pillars). The first (General) represent a pillar of pension schemes
provided by the State, the second pillar is based on employee
(pension) and third (as well as the second optional) pillar
is based on the principle of personal savings (so-called supplementary pension insurance).
38. In terms of the possible financing of pension systems, which are not
directly financed by the State budget, there are two basic "insurance"
methods of financing-continuous and fully funded. The primary difference lies in
the fact that in the intermediate system, selected insurance from the economically active
people-premium-payers being used on payment of pensions already existing
pensioners. In the funded system, the Medicare Premium invests in the
individual accounts with a view to the financing of future pension
the claims of persons who pay insurance premiums.
39. the rolling system in principle requires full to function called.
solidarity between generations, which means in principle the equality of income and expenditure
the pension scheme in each year. In other words, if the base for example.
pension insurance based on an intermediate system, this means that
the currently selected insurance premiums be paid already granted benefits. Financial
contributions do not accumulate in order to invest. Economically active
the generation immediately pays pension benefits economically inactive
generation. In the interim, the financial balance of equilibrium systems can be
achieved only if the revenues are the same as expenses.
40. In contrast, funded such intergenerational solidarity
characterized by is not because it is focused on individualized coverage
social risk of the individual in the future by saving his resources.
The yield of the funded system is determined by the gross income from the assets
accomplishments in the financial markets when conditions defined
the regulator and the supervision and the amount of administrative costs.
41. The funded system undoubtedly meets the normal private law notion
"pojistnosti" much more than a running system, this does not mean, however, that
continuous system was not fundamentally in the theory of social security is assumed to be
for system safety. Retaining the character of the shows, in principle, of the following characters:
and an intermediate is a summary of selected insurance assigned designed to
protection of rights from the system and any premium payments and the amount thereof does not have
especially in defined benefit systems, the direct impact on the amount of paid
benefits, at least has the effect of indirect, since participation in the insurance scheme is
an essential condition of entitlement to future performance of the system, taking
the design takes into account the amount of benefits is always in some way
at least the length of the contributing to the system.
42. in the interim systems necessarily is not a prerequisite for the existence of a direct
the link between the amount of the premiums paid and the amount received in the future
the dose. If the dose received in the future is always somehow dependent on the
the past paid the premium, then that is the length of the premium payments, which
is a variable in the batch formula possibly affecting part its amount.
The amount, however, is largely dependent on the principle amount of insurance
paid future generations. Any benefits granted thus in zásluhovost
intermediate systems fundamentally unable to derive directly from above in the past
premiums paid, regardless of the premiums paid in the younger generation
the time of the granting of benefits, as would the risk of deficit
financing of the system. However, depending on the design
derive benefits even in the intermediate degree of equivalence can be
benefits granted and prior earnings at a time of economic activity higher or
lower.
43. In the framework of the two systems, there are two basic types of benefits from
point of view depending on the amount of benefits the amount of the previous income (respectively.
paid premiums). As for the so-called. DC schemes, and batch systems
defined. DB schemes are by their very nature private rather
continuous systems, pension schemes more capital-
systems, however, in practice, appear all sorts of combinations.
44. in the system-defined contribution schemes is defined contribution rate,
which the insured person pays into the system. The amount of the pension depends directly
in proportion to the amount of recoverable contributions and their exploitation and indirectly
in proportion to the life expectancy of his generation, at the moment of departure of the insured person to
the pension. The amount of the pension is not running in advance of "guaranteed", respectively.
It is not predictable. It is clear that this method of construction of the dose is
especially suitable for funded schemes, however there are construction
defined contribution schemes into an implant system to a system of continuous.
45. In contrast, in a defined benefit system there is an exact formula, according to
that pension shall be calculated. After the adoption of certain simplifications
[estimated period of insurance, the amount of income (or calculation basis)
etc.] the insured person should have a rough idea of the amount of your pension
a number of years prior to retirement. The credibility of any of the above
commitment to the individuals, however, is strongly conditioned by the key
the parameters of the pension system will not be in time to change.
46. dependency benefits on Construction the previous premium payments is.
an important factor influencing the labour market and employment, which
He performs to the fore in the context of the long-term unsustainable
pension systems in some of the pure forms and in today's
parameter settings. Pension schemes should not encourage
early exits from the labour market. To remain in the labour market longer and longer
period of insurance shall, in the context of both the pension schemes, in principle, higher
the pension, which helps to reduce the risk of poverty in the age of postproduktivním.
The degree of influence on the behavior of individuals in the labour market is, however, the two systems
different. Systems are defined contribution schemes in its pure form the actuarial
mathematically the neutral. In other words, the premium paid for an additional year
in the labour market are fully reflected in the higher pension. Net contribution
defined system so not motivate individuals to early exit
work, or "does not punish" for later retirement. For batch
defined system is in practice almost impossible this neutrality
to accomplish this. Different generations, gender or income group are as follows
system benefits or vice versa "penalized" in relation to decisions on
to remain in the labour market, and it is possible to motivate the individual to a longer
to remain in the labour market much more.
47. On the other hand, however, both systems in the reverse ratio of benefit
differ in the degree of zásluhovosti. Defined contribution schemes are systems in
its pure form also fully zásluhové, IE. that pension is fully dependent on
income (odvedeném insurance) of an individual. Provide all of the
the insured the same level of compensation for their income, without předdůchodového
regardless of the absolute amount of such income. In contrast, defined benefit
systems in the most hidden of Intragenerational solidarity income.
The rate of refund income is so pre-retirement relatively higher in people with
lower incomes than people with high earnings. A system with a high
income solidarity (typically defined benefit system) has
featuring squeeze tool post-productive generation of poverty,
However, excessive income solidarity creates barriers;
the system. Insurance is perceived as a tax, therefore, decreases the motivation
pay into the system, which ultimately supports the grey economy.
Fully zásluhový system does not transmit a negative stimuli to the labour market, but in the
its pure form, there is the risk of an insufficient amount of the pension for the part
pensioners. The revenue of these endangered categories, then they must be supported by
other social systems.
48. Both in terms of financing and in terms of the design of benefits
each system has its advantages and disadvantages. The defined benefit system
allows you to provide the necessary solidarity, but if its weight in
pension scheme is too large, can have a negative impact on motivation
individuals to remain on the labour market. On the contrary, the system-defined contribution schemes
It does not affect the job market, but it can lead to a poor part of the population.
Ongoing funding is vulnerable to demographic development and is
politically abused to intergenerational inequity. In contrast, the funded
financing is sensitive to developments in financial markets, quality of regulation
and the level of administrative costs.
The current Czech system of pension insurance
49. the current Czech system of pension insurance can be considered
dvojpilířový system, the first pillar of the system is essential, and the second
(or in terms of the general theory of the third) pillar represents the legal
voluntary supplementary pension insurance with State contribution. The first pillar
This is a universal system (the whole population), single (not
would constitute unjustified differences), mandatory (establishes
financially participate in the formation of resources) and the social solidarity. Construction
performance of the pension system is built on the following
principles which must be respected by the legislation: zásluhovost,
the social need for security guarantees, and to initiate, compensation and
social integration, the maintenance of acquired rights, valorisation and
removal of hardness (cf. Gregorová, Zdeněk: pension systems,
Brno: Masaryk University, 1998, pp. 80-85).
50. Pension consists of two components, the base amount provided for
a fixed amount for all types of pensions regardless of the period of insurance and
the amount of earnings and of the percentage amount reflecting the previous earnings
of the insured person. Old-age (full invalidity and partial invalidity pension)
the amount of the applicable percentage rate depending on the length of time gained
pension insurance of the calculation basis. For the determination of the calculated
the base of the two elements are essential, and that the personal assessment base.
the reduction of the border. In determining the calculation basis is based on the
personal assessment base, IE. of the total bases
the insured in each of the calendar years of the vesting period, which
are using the coefficient of increase in the general assessment base
adjusted wage level achieved in the previous year
pension. The sum of the bases of the insured person per calendar
year multiplied by the appropriate factor increase in the general assessment
the base forms the basis for the calculation of the annual and monthly average
These annual bases for the applicable period is personal
the assessment base. Reduction of the personal assessment base is found
the calculation basis for the calculation of the percentage amount of the pension.
51. With regard to the financing of the Czech system of pension insurance can be
described as a clean system continuously funded, defined-benefit
defined. It is therefore a system that requires to function
a high degree of both Intragenerational solidarity, between generations, and
and Intragenerational solidarity is based on demographic trends, and
Therefore, increasing the number of pensioners compared to economically active persons, also
an indirect manifestation of solidarity between generations, as it constantly monitors
the need for a balanced financial balance.
52. Awarded the pension benefit is calculated by first multiplying the
the annual increase in the coefficient of General bases
the assessment base detects valorizované annual assessment bases, and
their sum. At the same time adding the excluded period. Calculation of personal
the calculation basis is then executes so that the aggregate of the annual
bases for the vesting period multiplied by a coefficient according to the §
Article 16(1). 1 Act No. 155/1995 Coll. and the resulting product will share the number of days
the vesting period (from which are deducted the so called excluded).
Calculation basis is the personal assessment base not exceeding
a set amount, which is counted in full, and when it
for the first time is exceeded, is reduced by 30%, while exceeding the
Second, reducing the border is only 10% of the započítáváno personal
the calculation basis.
53. On the basis of the described system, based on its principles,
These principles into the legal provisions, as well as the manner of its funding,
The Constitutional Court assessed the fulfillment of the provisions of article. 30 paragraph 2. 1 of the Charter,
laying down that "citizens have the right to adequate material security in
old age and incapacity to work, as well as for loss of the breadwinner ",
Act No. 155/1995 Coll., respectively its contested provisions of section 15.
The Charter outlines the basic parameters that define the social guarantees
a dignified human existence. The aim of the contemporary social security
the most general sense of the regulation is the responsibility of the citizen for its
the future of the (compulsory schemes) and the determination of the extent and forms of social
solidarity between the citizens required or voluntary transfer (of funds through
tax system or sponsorship); CF.. Karel Klíma, m.:
Commentary on the Constitution and the Charter, 2. release, Pilsen: Plzeň, Inc. 2009
p. 1234.
54. Legislation based on the General principles of trying to secure the
adequate physical security to all participants in the pension insurance, and
with a maximum emphasis on the principle of solidarity to solidarity, so
Intragenerational (i.e. income). The concept of solidarity to Constitutional Court
expressed in finding SP. zn. PL. ÚS 2/08 of 23 December 2003. 4.2008 (N 73/49
SbNU 85; 166/2008 Coll.) ^ *: "The level of recognition of the principle of solidarity depends on
zrovni the ethical understanding of coexistence in society, its cultural character, but also
the meaning of the individual justice and solidarity with others and
sharing their fate at a particular time and place. Solidarity can be viewed from the
individuals seen as internal or external. Internal solidarity is given by
emotional closeness relation to the other, it is spontaneous,
in particular in the family and in other partner communities. State to
This relationship typically does not interfere, or very limited (see
rodinněprávní modified by the law on family relations). This external solidarity
emotional closeness, and consent of the individual with its application
It is therefore zdráhavější. For example, the solidarity of the rich with the
the poor with less capable, able, healthy with sick. Become in
This area applies its power-vrchnostenskou features a very
actively. Through the principle of solidarity, that is, redistribution takes place.
motion transmitting from one source to the other-to those in need.
Solidarity has its limits. Can't have enough within a manner that it
those that affects, felt as unreasonable, fixed-width,
or even unfair and realize her his tacit consent. In the name of
solidarity may affect only a part of the State assets,
at the same time nedestruoval the activity of its performance and did not get behind the constitutional
border asset protection. ".
55. the Constitutional Court does not dispute in relation to an occupational pension scheme
the principle of solidarity between generations, because it is, as a system
continuously funded, built. The assessment must, however, be
solidarity income (intragenerational), reflected in the single
the percentage rate premiums of economically active
the population; groups of the population, therefore, pay vysokopříjmové
annually to the system for the payment of retirement benefits to a significantly higher
the financial amounts than lower-income groups. The principle of solidarity of the income
is reflected by the fact that during construction of the calculation of the pension according to the valid legal
modifying the pension system does not provide any equivalent to the insured
the performance, since-as already mentioned-above. even the trade and
a redistributive function of social policy.
56. In the implementation of trade and the redistributive function of social
However, the policy of the legislature in the design of the pension scheme,
respectively, in the construction of calculating pension benefits did not suppress
Another essential feature of social policy, that is not the function of the stimulus,
that should be a desirable way to influence economic behaviour
insured persons and ultimately lead to the increase of the total income of the
the system.
The pension system as a system of public insurance
57. the Czech Republic acceded to the construction of public social
insurance as a basic system in case of old age,
disability or death of the breadwinner until 1. 1. the 1996 Act just.
155/1995 Coll., on pension insurance, (insurance base has been laid already
Act No. 586/1992 Coll., on social security and
contribution to the State employment policy that worked after
a transitional period as a tool of gradual separation of selected insurance
from the State budget). It is a public insurance system, whose
the functions and principles are different from commercial insurance
(private), which is repeated in the theoretical works of traktováno
(which pointed out in its opinion and the Ministry of labour and social
things). For example. J. Vostatek (social and private insurance, Codex Bohemia,
1996, p. 65) States: "the obligation of the Insurance Act is a key element
social insurance, which is different from the typical contractual
insurance. In the form of compulsory insurance and barrier can be overcome
insurability of risks typical for private insurance. the risk of
unemployment is for the private insurance industry considered
non-insurable or difficult to insurable, â € štržní failure ' is here
a typical phenomenon. Social insurance is mostly funded by contributions
paid employees and employers, with any national
subsidies. ".
58. on the differential character of social insurance and contract insurance
said already pre-war professional literature. Points out, in particular
on public law Dictionary in five volumes of the Czechoslovak, specifically on the
"private Insurance (contract)", in volume III, London, 1934, p. 147
and subs. and "social insurance", in volume IV, London 1938, p. 343, and
seq.; These passwords are for example. States: "the name of the private insurance
We understand all kinds of insurance based on private contractual
proportion of interested parties as opposed to the so-called. social insurance.
Compared to private insurance, social insurance, however, has many different
characteristics of the. The most important conceptual difference between the private and
social insurance is that private insurance is based on the
the free decision of the insured person and the wearer, while social insurance
insurance is based on the statutory: who falls in the class of persons,
that includes the Social Insurance Act, must be insured, either
He wants or does not want, and recipient of the insurance, intended to the law, must
převzíti insurance, even though he knows that the first risk insurance with this
United insurance is too big, than to be exported
individuelním locking. ".
59. Even respecting the differences of commercial and public insurance, in
which is not meant to be based on the principle of equivalence (amount of the net
fully reflects the amount of insurance), the relationship between the amount of paid
premiums and the amount of granted pension to reflect and to individual participants
a degree of proportionality, to constitutionally konformnímu to populate the article.
30 paragraph 2. 1 of the Charter.
60. The explanatory memorandum to the Act No 155/1995 Coll. (1574, Printing House
the Chamber of deputies of the Czech Parliament, and parliamentary term) States that "the amount of the
rates and conditions of social security are designed
so that the insurance covers the expenditure on pension and sickness benefits
insurance, which are derived from the income of economically active citizens by
the current legal status; as for old-age pensions, widow's, widower's,
orphan, invalidity, partial invalidity and for výsluhu years, sickness,
support for the family member care benefit, maternity benefit,
the compensatory allowance during pregnancy and maternity. ... Selected insurance
will be in accordance with the budgetary rules separately registered channels
the State budget, which will then be reimbursed any spending on social
Security and employment through the budgetary chapter
The Ministry of labour and Social Affairs of the United States. ".
61. Insurance premiums, and the amount (total 28%, of which an employee of 6.5% and
21.5%) is therefore the employer established only on the basis of economic
the calculation so that it paid in a given year were covered in full
in the same year selected payments of insured persons.
62. In the chosen design on the revenue page reflects the fundamentally
the principle of solidarity, because the insured person carries into the system of the financial amounts
directly proportional to the amount of their (zdaňovaných) of income, and thus it is realized
only protective and redistributive functions of social policy. On this
conclusion is not even the fact that the Act No. 261/2007 Coll. occurred.
"capping" contributions to the pension scheme (the maximum amount for the
the insurance premium is in 2010 dvaasedmdesátinásobek of the average wage).
Physical security-replacement rates
63. the Charter of fundamental rights and freedoms guarantees all participants
pension insurance reasonable physical security. The adequacy of the
to be understood as a vague legal concept. The adequacy of the material itself
security in relation to individual pension insurance participants is
should be seen in relation to meeting the needs of the individual, in
relation to the widest possible range of people, but also in relation to the insured persons as
the payer spoluvytvářejícímu financial resources, from which it will be appropriate
physical security is provided. The adequacy of the legal (Constitutional)
the category is, however, much rather focuses primarily on an examination of whether the
the pension system is (or, in General, social) insurance
able to in case of defined social events to ensure the affected person
such amount of resources to ensure its further life
respect for the dignity of the category in its social context.
64. the term adequacy criteria is an internationally used comparative
the scale the so-called. individual replacement income-standard
of the individual. A typical example of the use of comparative criteria such as
the basic rule of adequacy criteria system. The European
the social security code (promulgated under Act No. 90/2001 Coll., m. s.). In
article. 25 requires each party to ensure that protected persons
the provision of old age benefits further by defined criteria. Provides for the
then the criteria of age and the criteria of a minimum range of covered
persons. As regards the amount of the benefit, provides in article. 28 that the dose is regularly
recurring payment. On the basis of article 87(3)(c). 65 et seq. is a workable typical
the recipient benefits, which in terms of income is defined as a typical
a skilled worker, and defines a desirable replacement rates. A typical
receiving an old-age benefits (and therefore the reference object, the adequacy of the
System) is a man, a skilled worker, in old age with his wife,
which is guaranteed by the replacement rates of 40%. Somewhat more stringent,
However, similarly designed proportionality test has also
The International Labour Organisation No. 128 on invalidity, old age and
survivors ' benefits (published under no. 424/1991 Coll.), which
required replacement rates for standard individual income-45%.
65. it is therefore apparent that a fundamental legal requirement on pension
systems is to provide a replacement, not all persons who
indoor running, but persons defined as income-standardized
individual, and this design focuses on the person with more or less
average incomes. None of the international legal instruments governing the
Czech Republic tied, is not required to be the same relative value
replacement (in percentage terms) achieved for each
of the insured person.
66. According to the last report of the Czech Republic on the implementation of the European code of
social security (see the sixth report on the implementation of the European code of
social security, cf.
http://www.mpsv.cz/files/clanky/6219/zprava_EZSZ_6.pdf) replacement rates
the revenue of a standard individual in 2006 amounted to 46.2%, in
2007 was 45.1%, in 2008 already 44.6%. Similarly, the General also decreases
replacement rates (the ratio between the average wage and the average income)
-in 2003 (gross wage) 42.2%, in 2007 amounted to 40.6%.
This decrease is caused by distortions in wage growth, the pension
the formula in a defined benefit system, and again in an effort to maintain a balanced
financial balance of system (decreasing the number of economically active
the insured in relation to pension recipients).
67. From the foregoing, that the Czech pension system base
requirement of good faith, as defined by the international treaty
instruments, meets. However, it is able to meet (with regard to the
just a system of continuous batch defined) at the cost of a high degree of
intergenerational and Intragenerational solidarity. That's because while maintaining
balance of payments, it was possible to maintain a desirable replacement rates
individuals with earnings moving about somewhere around average wage, is
need to resign from an equivalent level of individual replacement for
individuals whose income is in the order of vícenásobků of the average wage.
An example of this can be the data contained in the following table:
----------------------------------------------------------------------------
Multiple of the old-age pension granted in
the average 2003 2004 2005 2006 2007
wages
----------------------------------------------------------------------------
0.7 55.6 53.6 55.4 55.7 55.2
1.0 44.3 42.9 44.2 44.4 44.0
1.5 32.1 31.2 32.2 32.3 32.0
2.0 25.6 24.9 25.6 25.7 25.5
2.5 21.7 21.1 21.7 21.8 21.6
3.0 19.1 18.6 19.1 19.1 19.0
----------------------------------------------------------------------------
68. it is clear from this report that the system is capable of long-term
to guarantee a satisfactory replacement rates in individuals with incomes moving
around the average wage, and salaried individual favours
below-average (which is seen as a reasonable preference). Can
do only at a price reduction of individual replacement for people with
two-and vícenásobkem of the average wage-them system in terms of the General
guarantees a dose that according to the legal provisions, represents a certain minimum
decent survival in old age, however, it is the dose that is unable
to guarantee the preservation of the usual standard for these people from the times
economic activity.
Physical security-reducing the boundaries of the
69. Replacement rates, i.e. the relationship between wage earners and meted out pension
dose, showing clearly degressive character, is the result of construction
the benefits of the pension system, whose central part represent the so-called.
the reduction of the border.
-----------------------------------------------------------------------------------------
Year 2003 2004 2005 2006 2007 2008 2009
-----------------------------------------------------------------------------------------
The first 7 400 7 500 8 400 9 100 9 600 10 000 10 500
reduction
the boundaries of the
-----------------------------------------------------------------------------------------
in% of average approximately 45 44.1 41.9 44.7 45.4 44.6 43.0
wages
-----------------------------------------------------------------------------------------
The other 17 900 19 200 20 500 21 800 23 300 24 800 27 000
reduction
the boundaries of the
-----------------------------------------------------------------------------------------
in% of average approx. 117.4 106.7 107.4 109.0 108.7 108.2 106.6
wages
-----------------------------------------------------------------------------------------
70. As a result of reducing the boundaries of the relevant for calculating the pension decreases with
increasing earnings this session is the amount of earnings. With the exception of the years
2005 and 2006, the first reducing the border increased more slowly than the average
wage, so narrowing the (relative to the average wage) band of earnings,
for the amount of pensions are counted fully. The second reduction boundaries
grew in the period 2003 to 2008 a little faster (by 3.4 percentage points)
than the first reduction of the boundary. The result was that the more spread
(absolute and relative) of band earnings that are for the amount of
income counted 30%, than the zone in which the earnings are counted
for the amount of a pension fully and that affects the amount of all pensions. These trends
were reflected in the reduction of the level of the newly granted pensions (their relationships
the salary) in 2004 and again in 2006 (see the cited message
The Ministry of labour and Social Affairs).
71. The Constitutional Court must, therefore, conclude that the legislation is made by the
the contested provisions of section 15 of the Act No 155/1995 Coll. (in particular by
reducing borders) creates a situation where participants of the pension system
contributing to the triple amount than participant contributing the amount
calculated from the average wage is granted a pension in-relatively-less than
half of the amount. Statistical data shows that about 30% of the
policy holders exceeds the other in the calculation of pension benefits reduction threshold
(the first reducing the border while about 95% exceeds the insured persons). It is therefore
clearly, the legislation in order to ensure adequate material
the security of all participants of the pension insurance scheme does not provide parts
insured persons reasonable physical security, reflecting in a detectable extent
the principle of zásluhovosti, thus fulfilling the social function of the stimulation
policy.
Replacement rates will decline-the principle of zásluhovosti
72. Despite a considerable diversity of pension systems in the various countries
(in the sense of how to finance and principles into the design of pensions
screening) it is possible, at least for the illustration indicate the replacement rates will decline in
the basic pension scheme selected European countries which were
provided by the Ministry of labour and Social Affairs.
-------------------------------------------------------------------------------------
State times the individual income
0.5 0.75 1.5 2 2.5 1
-------------------------------------------------------------------------------------
FINLAND 90.7 78.8 78.8 79.2 78.3 79.3
ITALY 89.3 88.8 88.4 89.1 88 89
CROATIA 66.7 63.1 61.6 59.7 59.6 58.9
ESTONIA 59.9 60.6 60.9 61.3 61.5 61.7
The NETHERLANDS 82.5 88.2 84.1 85.8 83.8 82.8
BELGIUM 82.7 63.8 62.8 50.6 40.6 34.2
IRELAND 63 47 36.6 27.4 21.9 18.3
NORWAY 85.5 73.1 65.1 58.2 50.1 42.8
DENMARK 68 95.6 54.1 42.5 35.5 30.8
SWITZERLAND 53 41.4 34.3 71.4 68.9 67.3
KINGDOM 78.4 57.7 47.6 38.2 29.8 24.5
-------------------------------------------------------------------------------------
73. Although replacement rates will decline in individual countries with regard to the
the nature of the system and with regard to the projected rate of solidarity
different is, for them, a common trend in recent years resulting from
the European recommendations. A large part of the country or directed to the reduction reduces
contributions to the national insurance scheme as in the first pillar
the pension system and establishes or increases payments to the remaining pillars.
In particular, in the case of the third pillar allows for this trend to strengthen the principle of
zásluhovosti pension scheme (that is, in favour of high-income
groups). From a group of these countries it can create, for example, Germany,
also in (koncipovaném) an intermediate system since 2002
part of the national insurance scheme is redirected to other pillars (State
organised funds). Indeed, then followed the German example and
Slovakia, which is based on the same bases as the pension system
Czech Republic. One of the main themes in the Slovak pension changes
the system has been possible and to strengthen the principle of zásluhovosti (cf. quote
from the explanatory memorandum to the Act: "
Reign sociálnom poistení Bill is about primeranej zákonom miere
solidarity and zásluhovosti, because I think primeranej miere tieto two
princípy musia byť balanced and effects are applied to people's love všetkým
that prispievajú to the system.
“). Moreover, it is necessary to point out that in many countries of the European Union
There are in addition to the general pension scheme a separate legal
pension adjustment of certain professional groups, in which the
they reflect not only the risk and complexity of certain criteria of employment
(employees who work in the health conditions of loading,
Security and armed forces), but also the requirement of independence
the exercise of the profession (civil servants, judges). In these
legislation is so even this form of application of the constitutional principle of
equality (uneven can not be edited straight) clearly reflected
the principle of zásluhovosti of the pension system.
74. The Constitutional Court in assessing the reasonableness of all relevant
component of the pension system (i.e. including the principle zásluhovosti)
into account the opinion of the experts, which is focused on this issue over the long term
engaged, and may in this respect to refer to the conclusions of the so-called. Bezděkovy
the Commission, when assessing the degree of zásluhovosti of the pension system
came to similar conclusions, which have been cited from the explanatory memorandum to the
the Slovak law: "the analysis confirmed that the current system is
financially unsustainable in the long term, and generates annual
deficits of 4 to 5% of GDP. This result is in accordance with the conclusions of the
earlier analyses carried out. Now the calculations but also show that
the current system is also inefficient mikroekonomicky. It is characterized by
strong income redistribution, which leads to high náhradovým conditions
for low-income individuals and low náhradovým ratio for an individual with
higher than average incomes. The insurance system elements are suppressed when
relatively high insurance rates. High redistribution can
cause: (i) the significant decline in the living standards of people with
higher than the average income in the transition from work to retirement, (ii)
This transition may be painful, especially for the middle class, whose
income range only just above average salary and that is
due to the high premium rate, limiting the scope for private savings
could not provide at the age from its own resources.
One of the insights gained from the analysis of the specified variant of the pension reform
is the fact that the strengthening of the zásluhovosti of the State pension system
There is not enough space. Measures of increasing relatively pension
výšepříjmovým subjects would lead to a dramatic increase of the pension
system, and therefore to deepen the already strong tendency to deficits.
An alternative option is to finance the relative increase in the future
výšepříjmových people by reducing the ratio of redistribution within the pension
the system. Therefore take such measures relatively reducing the amounts of newly
allocated pensions for people with below-average income.
Political decisions should be in accordance with economic principles and
It should take into account the default state of the Czech pension system. Today's
the system is financially sustainable in the long term. Exhibits a very high level of
income solidarity. So is his own very high volume of this
solidarity due to the high contribution rates. The system is mezigeneračně
unfair and its financing is not diversified. Pension system
must be significantly revised. Parametrically The rate of receipt of solidarity is in
today's system is high. You can leave it at this level, which eliminates the
the risk of poverty for vulnerable groups of the population. At the same time, however, will be
Act negatively on the labour market and motivation of citizens to pay high insurance premiums
in an egalitarian system. Therefore, we consider it appropriate to reduce the amount of
income solidarity in the Government pillar. ".
75. in the Actuarial report on the social security of the Ministry of
labour and Social Affairs
(http://www.mpsv.cz/files/clanky/5886/zprava_2008_cz.pdf) States:
"It is appropriate to complement the Parametric changes to reform towards
diversification of the system, and to the diversification of both on the revenue side, and
the expenses system, which should lead to the strengthening of the security of reasonable
income in old age. Reform should lead to strengthening differentiation
pensions at medium and higher income groups. Any strengthening of the
equivalence of income is determined by the possibilities of reducing the level of pensions for lower
income groups. Room for differentiation of pensions is the difference between
the minimum pension and the income recognized average. Options
differentiation of income also depends on the level of the ceiling of premiums, which
in a way, determines the extent to which has to be dealt with in the differentiation system
the basic pension insurance. When a relatively low ceiling
premiums will be rather complementary schemes task differentiation, and vice versa
at a high ceiling or its absence must be dealt with in the system
the basic pension insurance.
Increase of equivalence, in maintaining the level of the total cost of the system and
existing protection against the risk of poverty in old age, it should be
achieved at medium and higher income groups at the cost of strengthening the
levelling of the income of the lower income groups. This can be achieved
for example. the combination of the equivalent system with minimum income when part of the
the insurance premium is going to cover the minimum pension and the rest of the
an equivalent schema. Another possibility might be a combination of certain forms of
of equal income with an equivalent scheme, when claims in an equivalent
scheme are obtained only from a certain level of income. To set the level of
income is collected by the insurance only to schema of equal income and above
This level is part of the premium directed to an equivalent schema.
Both options would allow for the involvement of the funded components
funding. ".
76. The experts but also to assess the extent of the kind zásluhovosti
projected pension contributions primarily through the prism of economic
the impacts (i.e., in particular with regard to the long-term sustainability of the system), which
However, sidesteps constitutionally understood the principle of equality. The conclusions of experts
However, it is clear indication of disruption of the principle of equality
individuals and groups as participants in the pension insurance, (which is
subject to the fulfilment of the basic features of social policy as a whole and
Consequently the proper functioning of the pension system, in which the
These features reflect). Part of the conclusions of experts suggests that the
the only way to strengthen the principle of zásluhovosti is not necessarily the only
the requirement to increase the financial resources of the system.
The constitutional conformity of the contested provisions
77. the Constitutional Court in its case-law formulated in terms of a review
the constitutionality of statutory social security schemes. In finding SP. zn. PL.
TC 12/94 of 12 April. 4. the 1995 (N 20/3 SbNU 123; 92/1995 Sb.)
that "in all existing social security systems are in
varying proportions represented by the principle of solidarity and equivalence. Each system
social security carries an advantage or disadvantage
certain social groups, depending on if it is preferable rather aspect
solidarity or preferred the principle of equivalence. This adjustment is
reserved for legislators, which cannot proceed arbitrarily, but when
determination of preferences must take account of the reference public values. In
the area, which was the subject of the assessment in the area of economic
legislation, the legislature has a far wider area than in the laws,
directly touch on fundamental human rights and freedoms. ...
The Constitutional Court could not identify with the statement contained in the proposal, that the
beneficiaries of old-age pension insurance paid them in any group, the
you contribute, not consideration ' and that, therefore, this is a hidden tax,
which they are in conflict with the provisions stored. ".
78. the Court has confirmed the terms Outlined in other findings, in particular in the
matters kept under SP. zn. PL. ÚS 14/02 of 4 January. 6.2003 (N 82/30
SbNU 263; 207/2003 Coll.), SP. zn. PL. ÚS 1/08 of 20 May. 5.2008 (N
91/49 SbNU 273; 251/2008 Coll.) -"In the award SP. zn. PL. ÚS 12/94-albeit with
It was a social security-the Constitutional Court stated that the
whether the preferred aspect of solidarity or preferred
the principle of equivalence, it is reserved for lawmakers, which cannot proceed
arbitrarily, but must be taken into account when setting the preferences to the reference
public values. "-and SP. zn. II. TC 348/04 of 9 June. 6.2005 (N
120/37 SbNU 525)-"the Constitutional Court in its finding, SP. zn. PL. ÚS 12/94
He said that even in the field of social security when the application
insurance is a legal Institute of insurance, for it reflects the legal
a situation in which the citizen carries its risks for consideration to another entity and
This body assumes this risk and is committed to a specific implementation. From
the insurance relationship, even as a public service, therefore, that when
the conditions on the part of the insured person resulting from the law corresponds to the
pension obligation to the other party, such transactions in the pension insurance
provide. ".
79. From the following set out lines depart nor in finding pl. ÚS 2/08 (see
above), in which the social rights, said: "Their conceptual character is
the fact that they do not have an unconditional nature and it is possible for them to seek
only within the limits of the laws (article 41, paragraph 1, of the Charter). This provision gives the
the power to lay down specific conditions for the realization of the lawmakers of the social
rights. Legal implementation shall not be in conflict with the constitutional principles,
in other words, the relevant laws may not constitutionally guaranteed social rights
to deny or cancel. In the implementation of constitutional modifications enshrined in the Charter,
the legislature must control the article. 4 (4). 4 of the Charter, according to which when
the application of the provisions on limits of fundamental rights and freedoms must be investigated
their substance and meaning. With social rights can be stated that their
the summary is just the fact that they are not, unlike for example. from
fundamental rights and freedoms, directly enforceable on the basis of the Charter. Their
parochialism is buying legal implementation, that is, of course,
at the same time the condition of a particular realization of individual rights. ".
80. Disentující Holländer, Malenovský, judges Cepl, Cermak, Güttler,
Mucha and Walk in a different opinion to the award SP. zn. PL. ÚS 14/02
from day 4. 6.2003 (N 82/30 SbNU 263; 207/2003 Coll.) are also logged in
in the thesis expressed in the report in the matter of TechCrunch.com. PL. ÚS 12/94 in which the Court
stated that it is the duty of the legislator to transparently express ratio
components of solidarity and equivalence in the social insurance system
(including health insurance), provided that this distribution may not
be any. In the case of the opposite, IE. the absence of element equivalence,
the Institute in question loses its legal nature, ceases to be an insurance
and take the nature of the tax. ". Then draw from the above the following
the logical consequence: "from the article. 31 of the Charter, in conjunction with article. 41 and article. 4 (4). 4
The Charter, therefore, for the insured person follows the fundamental right to a transparent
the legislature specified components of the equivalence in the public health
insurance, to the extent that still preserves the character of the legal
Institute of insurance and does not change the tax it. ".
81. From the case-law of the Constitutional Court outlined can be generalized in relation
the constitutional entrenchment of the social rights of the following argument: according to the first of the
one is for the review of constitutionality of laws containing social adjustment
rights given narrower scope than is the case for fundamental rights according to the head of the other,
the third and the fifth Instrument, the space is defined by the provisions of the article. 41
paragraph. 1 and article. 4 (4). 4 of the Charter. The thesis of the second is the ban (exclusion)
arbitrariness in their adaptation (article 1 and article 3, paragraph 1, of the Charter), and theses
the third is the need for legal provisions, social rights (article 41 (1)
Of the Charter). Join the first and the second argument is the fundamental starting point and then for
a review of the constitutionality of § 15 of Act No 155/1995 Coll., i.e.. It is the maximum, according to the
which of the article. 30 paragraph 2. 1 of the Charter in conjunction with article. 41 and article. 4 (4). 4
Of the Charter, as well as from article. 1 and article. 3 (2). 1 of the Charter for the insured person follows
the fundamental right to a transparent component specified by the legislature
equivalence (proportionality) in the public pension, health and
health insurance, to the extent that still preserves the nature
Insurance Law Institute and do not change it in the tax.
82. the relationship between the individual and the whole (society of which it forms part)
reflected in a democratic society in the "voltage" of the values of Justice and
freedom. Further, in particular in connection with the restoration of "questions
the social "in the 19th century. and 20. century, opens the question of the relation of social
Justice and the acceptable extent of institutional activities
restricting freedom. Basic reasonableness in this context is
individual loads (injury) at the expense of public goods. In the present
stuff this issue reflected in determining the rate of acceptance of inequality
between entities with respect to the inequality of their income, the insurance
the amount of the pension insurance and pensions.
83. the term of the constitutional prohibition of arbitrariness in determining the rights and obligations
entities is the constitutional principle of equality. Summary of previous case-law
The Constitutional Court of the rights arising from it, represents the find SP. zn. PL.
TC 6/05 of 13 April. 12.2005 (N 226/39 SbNU 389; 531/2005 Coll.). The constitutional
in it, the Court referred to its extensive and settled case-law, in which
formulated in terms of the Constitution equality [see category assessment
above all, find SP. zn. PL. ÚS 16/93 of 24 June 1993. 5. the 1994 (N 25/1 SbNU
189; 131/1994 Coll.), finding SP. zn. PL. ÚS 36/93 of 17 February. 5. the 1994 (N
24/1 SbNU 175; 132/1994 Coll.), finding SP. zn. PL. ÚS 4/95 of 7 July. 6.
1995 (N 29/3 SbNU 209; 168/1995 Coll.), finding SP. zn. PL. ÚS 5/95 (1)
8.11. 1995 (N 74/4 SbNU 205; 6/1996 Coll.), finding SP. zn. PL. ÚS 9/95 of
28 June 1999. 2. the 1996 (N 16/5 SbNU 107; 108/1996 Coll.), finding SP. zn. Pl. ÚS
33/96 (1) 4. 6.1997 (N 67/8 SbNU 163; 185/1997 Coll.), finding SP. zn.
PL. ÚS 15/02 dated June 21. 1.2003 (N 11/29 SbNU 79; 40/2003 Coll.), find
SP. zn. PL. ÚS 33/03 of 20 December 2002. 10.2004 (N 151/35 SbNU 109; 584/2004
Coll.), finding SP. zn. PL. ÚS 47/04 of 8 May. 3.2005 (N 47/36 SbNU 495;
181/2005 Coll.)]. In understanding the constitutional principle of equality, in particular
aligned with the conclusion expressed by the Constitutional Court of CZECHOSLOVAKIA (find SP. zn. PL.
TC 22/92, a collection of resolutions and of the findings of the Constitutional Court of the CSFR, finding no 11,
page 37, declared in the amount of 96/1992 Sb.). The Constitutional Court of CZECHOSLOVAKIA in it he conceived
equality as a category of a relative, which requires the removal of
unjustified differences. The principle of equality in the rights should therefore be
understand the way that legal distinction in the access to certain rights not
be the result of arbitrary power, it does not follow, however, the conclusion that each had to
be granted any right. The content of the principle of equality by the Constitutional Court
in the field of constitutional law, the concept shifted the aspects of differentiation
bodies and rights. The first considers the exclusion aspect of arbitrariness.
The second consideration when assessing the unconstitutionality of the legislation
the founding of the inequality is his concern to one of the fundamental
rights and freedoms. In other words, the Constitutional Court in its case-law
interprets the constitutional principle of equality in the sense of incidental and
neakcesorické equality. Certain legislation that favors one
a group or category of persons from other, cannot therefore be without further
marked as violating the principle of equality. The legislature has some room to
the consideration whether such preferential treatment will mandate. Must ensure
to favouring access was based on objective and reasonable
the reasons for (a legitimate objective of the legislature) and that between this objective and
the means to achieve it (the legal benefits) existed the relationship of proportionality
(see for instance judgments of the European Court of human rights in matters of
Abdulaziz, Cabales and Balkandali of 1985, section 72; Lithgow of 1986, section
177; Inze from 1987, § 41).
84. In the case of collision of parts of the public and get at the fundamental rights, the constitutional
the Court used a different structure the principle of proportionality (already tested and
a collision of fundamental rights derived from the principle of equality with the other rights,
or the public good) than the one that represents the command to optimize the
[find SP. zn. PL. ÚS 4/94 of 12 April. 10.1994 (N 46/2 SbNU 57;
214/1994 Coll.), finding SP. zn. PL. ÚS 41/02 of 28 October 1999. 1.2004 (N 10/32
SbNU 61; 98/2004 Sb.)]. This alternative policy structure
of proportionality would be can be called the exclusion of extreme
disproporcionality. This was in particular the case of a review of the constitutionality of the statutory
adjustments of tax, fee, or. other similar statutory compulsory
benefits (in which the statutory compulsory insurance), as well as
cash penalties [find SP. zn. PL. ÚS 3/02 of 13 April. 8.2002 (N
105/27 SbNU 177; 405/2002 Coll.), finding SP. zn. PL. ÚS 12/03 of 10 June 1999.
3.2004 (N 37/32 SbNU 367; 300/2004 Coll.), finding SP. zn. PL. ÚS 7/03 of
on 18 July 2005. 8.2004 (N 113/34 165 SbNU; 512/2004 Sb.)].
85. From the maxim in those findings can be outlined for the constitutional review
the link between the level of income, the amount of the premiums to the pension insurance and the amount of
pensions to be drawn the following conclusions: from the constitutional principle of separation of powers (article 2
paragraph. 1 of the Constitution), as well as of the constitutional definition of the legislative power (article 15
paragraph. 1 of the Constitution) for the legislature passes a wide scope for decisions about
the relationship of the above premiums to the pension insurance and the extent of solidarity
manifesting in the degree of inequality between the amount of income, insurance premiums and
pensions. Legislature responsible for the consequences of this decision
political responsibility. However, it is the premium to the pension insurance
public mandatory fulfilment of the State's cash, and therefore the intervention in
securities of the substrate, and thus the title of the statutory body,
without the fulfillment of other conditions, does not constitute a prejudice in the constitutional order
the ownership position protected by art. 11 of the Charter and article. 1 Additional
Protocol to the Convention on the protection of human rights and fundamental freedoms [see also
SP. zn. PL. ÚS 12/94 of 12 April. 4. the 1995 (N 20/3 SbNU 123; 92/1995
SB.)].
86. the constitutional review of the adequacy of the binding between the amount of earnings, contributions
the amount of the pension insurance and pensions includes the assessment of compliance with the
technique resulting from the constitutional principle of equality, both neakcesorické
(article 1 of the Charter). arising from the exclusion requirement of arbitrariness when
distinguishing between entities and rights, as well as incidental to the extent defined in the article.
3 (2). 1 of the Charter. Assessment of the neakcesorické equality depends on the
review of the links between the legislature and the legislative instrument chosen
its intended purpose. For the constitutional conformity legislation under consideration
in terms of neakcesorické inequality is sufficient, if the rated
classification in some rational relationship to the purpose of the Act, i.e. If he can
some way to achieve this purpose.
87. In finding SP. zn. PL. ÚS 7/03 (see above) to the fulfillment of conditions
neakcesorické inequalities, the Constitutional Court ruled: "If the purpose of modulation
premium rates to ensure its performance depending on the structure
claims and if the data contained in the comments
the party follows the worst claims in the field of mining and
mining industry, cannot be other than the difference in the rates of insurance provided for in
Annex No 2 of Decree No. 125/1993 Coll., as amended,
Mark as corresponding with the party to the proceedings as indicated to
the legislation in question. For these circumstances cannot regard the opposition
the applicant concerning unconstitutional inequality contested legal
Regulation. ". And conversely, it follows that the unconstitutionality of the statutory
editing of neakcesorické inequality is determined by the absence of a relationship
between legislative means and his avowed (intended)
the purpose of.
88. According to the explanatory memorandum to the Government a draft law on pension insurance
"the relationship of the average old-age pension to average net salary in the current
time (i.e. in 1995) reaches 56%. It was only after the increase of income of pensioners
of supplementary pension schemes in the perspective of 10 years or more can be with regard to the
the possibility of a more pronounced differentiation of income from pension insurance under the
the individual wishes of the citizens in the basic system, gradually reducing the
differentiation of pensions by the amount of earnings and the number of years of work. ".
89. An illustrative propočtem of the relation of average earnings and educational
old-age pension may be made to the data, according to which a staff member with a
tv approx. 50% of the average wage would have to gross income replacement rates
accounted for approximately 88% (approx. 9 EUR), for employees whose income is 100%
approximately 42% of the average wage (approx. 10 EUR), for employees whose income is 200%
the average wage of about 29% ($ 14,000) and for employee with income 300%
about 15% of the average wage (approx. 15 500 CZK).
90. If it was achieved the second of the purposes of the Act on pension insurance, i.e..
reduction of differentiation of income by the amount of the earnings, but not to
fulfill the purpose of the first, i.e.. open space differentiation of pensions. According to the
the Czech Statistical Office information concerning pension
insurance: "... still low awareness of the role that you can
play in the future, this form of collateral in old age for a large portion of the United
of the population. In 2004, they saved an average of less than a month people 397
Crowns, in 2001 it was 348. Even though their incomes grow,
pension funds more send-pension rights be suspended
only 2.2% of its monthly average gross salary and this proportion is even a year
Since decreases (in 1996 amounted to 3.2%). "
(http://www.czso.cz/csu/csu.nsf/informace/ckta130905.doc).
91. The legislative tools to help you achieve the second of the above
the purposes of the statutory social security schemes, i.e.. differentiation of pensions
ensuring social solidarity, are necessarily linked to the legal
adjusting social security, specifically, then by
maximum bases for payment of premiums by law No.
261/2007 Coll., which was newly modified section 15a of Act No. 589/1992 Coll., on the
social security and a contribution to State policy
employment. This was after an interval of 12 years after the entry into force of the Act on the
Pension Insurance Act created the legislative premises for proportional
consistency between the purposes of social solidarity and differentiation with regard to the amount of
income and insurance premiums for pension insurance.
92. Law No. 362/2009 Coll., amending certain laws in the
the draft law on the State budget of the Czech Republic for the year
2010, the legislative means for extreme
disproporcionalitu between legal and it reduces, respectively.
in its consequences. Under the new provisions laid down by section 15b
Act No. 589/1992 Coll. for the period from 1 January 2005. January 2010 until 31 December 2006. December 2010
is the maximum assessment base for premium payments pursuant to § 15a
paragraph. 1 and 5 of the Act, the amount of DEM dvaasedmdesátinásobku
the average wage. Explanatory memorandum (. 917) in this context, the
States: "the increase of the maximum assessment base for insurance premiums for the year
2010 from equalling the 72násobek average salary ... is reflected in the direct debit order
social security contributions and contributions to the State policy
employment in the range of 4 billion. EUR ... The aim of this proposal is to increase
the revenue of the State budget. "
93. From the outlined the purpose of the new legislation the maximum
bases for pension insurance premiums accrue
two consequences. The first one falls on the assessment of the relevance of the neakcesorické
inequality in the review of the constitutionality of section 15 of the Act on pension insurance.
From the development of the legislation can be inferred from which this in
the period to 1. in January 2008, as well as 1. January 2010 lacked the link between
intended (nivelizací according to the law on pension income
insurance and their real differentiation in pension system
supplementary insurance) and the elected legislative means (by adjusting the rates
insurance and its maximum assessment base). Consequences second
turns out but also on an assessment of the incidental inequalities. If its subject
an assessment of the limits beyond which the public required cash transactions
individual State does not constitute a pension insurance premiums already,
but the tax, then this conclusion follows from the explanatory memorandum to the Government
a draft law amending certain laws in connection with the proposal
the law on the State budget of the Czech Republic for 2010, in which the Government
absolute sincerity reduction of the maximum assessment base is considered
as a source of "increasing the revenue of the State budget", which is the purpose of the tax. In addition, the
that conclusion is justified and the curve expressing the relationship between the
the amount of the premiums to the pension insurance and the amount of the retirement pension, in which
extremely disproporcionálně breaks the link between the two
parameters. In the absence of extreme disproporcionalitu redukujícího
the moment, which in compliance with foreign laws-see e.g..
adjustment of pension insurance in Germany-is to be found in the real maximum
determined on the basis of payment of the insurance premium, you cannot clear the
the contested legal provisions, also a violation of the principle of incidental
inequality.
94. in assessing the legislation, IE. the law, which performs basic
the right to adequate material security, the Constitutional Court came to the conclusion that
structures referred to in section 15, dealing with two reduction in border
the existing rates for the existence of a system of contributions into the pension insurance
without an effective "capping", creating a significant disproportion between the amount of
contribution to the insurance scheme, the amount of income and the amount of the pension awarded
benefits in respect of insured persons, which violates the provisions of article. 1 and article. 3 (2).
1 of the Charter. In addition to this design hitting the Executive procedures according to
the provisions of § 107 para. 2 Act No 155/1995 Coll., on the basis of
the Government (in terms of the operational nature of the desired way) to increase the so-called.
the reduction of the border, but the legislature has delegated according to the current legal
Edit the Government permission to modify the amount of the reduction without borders
necessary limits or criteria, which in the earlier legislation
neabsentovala. Meanwhile, the Constitutional Court could not depart from
the fact that the whole complex structure of the pension scheme is so
non-transparent, that it is for their addressees of the de facto lack of clarity;
for the majority of insured persons are thus calculated the amount of the pension benefits of becoming
neverifikovatelnou [cf. different opinion on finding SP. zn. Pl. ÚS
14/02 (see above)].
95. In the review of the problems of the pension system, part of which is
the impugned legislation was based on the Constitutional Court from its top cited
the case law which does not deviate from the approaches of foreign constitutional courts
in the field of social rights, and was it solely to the plane of the rights
constitutional. Custom design of the pension scheme leaves the constitutional
the Court fully to lawmakers, which suggests a broad area to the implementation
the social rights enshrined in the Charter, while the Constitutional Court defines
the only negative, uncrossable boundary, IE. can (positively)
determine or prejudge any quantifiable. Similarly,
approach to the review of the methodology in the matter of social reforms.
the law of "Hartz IV", the Federal Constitutional Court (decision of 9 April 2003. 2.2010)
who also noted that the freedom of the scope of the legislature
corresponds to the reserved check and review the simple rights of the parties
The Federal Constitutional Court.
96. the Constitutional Court States that it is not his job to assess the accuracy of the
(suitability of) the structure of benefits, pension insurance, however, is its
the obligation to examine whether the law chosen by the legislator doing
meet kautelám laid down in the Charter, in other words, whether this
Constructs a constitutionally compliant. The criterion of constitutional uniformity is
"reasonableness" of the consequences of the chosen structure, when on the one hand
limiting the corrective principle of zásluhovosti represents an imperative
(incidental and neakcesorické) of equality and on the other hand is then the
corrective "reasonableness" of the minimum tangible security, thus not only
in terms of the Elimination of poverty, but also ensure a decent standard of living
for lower-income of the insured person.
97. The Constitutional Court is not to evaluate the chosen model of the pension
aspects of the political or economic system (within the meaning of
de lege lata
), or model the optimum pension system (in the sense of reflection
de lege ferenda
). His choice and parameters are, indeed, for many years the subject of
political and technical discussions related to the (more or less consensually
perceived threats to the long-term financial sustainability of the) existing
system with regard to demographic developments. Under these professional
and political debates will have to take into account all the social and
economic aspects of legal regulation of the pension system, which from the top
these reasons could not take account of the Constitutional Court. On the basis of their
the review of the Constitutional Court, however, stresses that the existence of a wide range of
pension systems and ways of construction of retirement benefits is to be
Choose the option which will be reflected all the principles
social policy, as well as the pension scheme, which will be
respect constitutional principles and fulfil the provisions of article. 30
paragraph. 1, art. 1 and article. 3 (2). 1 of the Charter, and at the same time within the meaning of the provisions of the
article. 4 (4). 4 of the Charter to save the essence of these fundamental rights.
98. For the above reasons, the Constitutional Court of the proposal of the regional court in
Ostrava, Czech Republic on the abolition of section 15 of the Act No 155/1995 Coll. agreed and this
provisions set aside.
99. with regard to the complexity of the issues and on the forthcoming reform of the
the pension system, the Constitutional Court postponed the enforcement of its decision
30. 9.2011 that provision remains in the zrušované period
applicable.
The President of the Constitutional Court:
JUDr. Rychetský in r.
Different opinions under section 14 of Act No. 182/1993 Coll., on the Constitutional Court,
as amended, the decision of the judges of the plenum have been Jan
Musil and Jiří Nykodým.
* Note. Red: a collection of findings and resolutions of the Constitutional Court, volume 49,
find no 73, p. 85, declared under no. 166/2008 Sb.
