“Raffreddamento della dinamica perequativa” e tempo (in)finito della solidarietà nei trattamenti pensionistici (a margine della sentenza n. 234/2020 della Corte costituzionale)

ABSTRACT: This paper analyzes Judgement No 234/2020 of the Constitutional Court, concerning the matter of pensions and social security, in which Constitutional Court considered various referral orders about the constitutionality of some rules of Law No. 145/2018 (State budget for 2019). The Court, in particular, rejected the questions concerning the constitutionality of Article 1, para. 260 of Law No. 145/2018; this rule establishes for the years 2019-2021 a reduction of automatic revaluation of pensions, which differs according to the different amount of pensions. The Constitutional Court declared instead unconstitutional Article 1, para. 261 of Law No. 145/2018, which establishes for the years 2019-2023 the reduction of pensions of an amount exceeding EUR 100.000, by imposing a solidarity financial levy; the Court accepted the question in the part in which Article 1, para. 261 of Law No. 145/2018 provides this reduction for five years rather than for three years. The article examines the conclusions of Judgement No 234/2020 in the context of a rich case law of Constitutional Court in the matter of pensions, which has developed in particular in the years of recent financial and economic crisis.