Вид на акта
искане
Дата
01-01-1970 г.
Към дело

  DECISION No 12 OF SEPTEMBER 25, 1997 ON CC No 6/97

Approached by the Chief Prosecutor of the Republic of Bulgaria the Constitutional Court ruled on the unconstitutionality of the provision in Art. 50 paras 1 and 2 of the Pensions Act and the previous versions of that provision.
The part which is the substance of the challenge, Art. 50 of the Pensions Act and the previous versions, lay down the principle of the restriction or withdrawal of the entitlement to pension when pensioners work and earn income.
The Constitutional Court assumed that the entitlement to pension is conditional upon certain law-established factors. This entitlement is kind of entitlement to social security. As such it is subject to the Constitution-sanctioned protection in Art. 51 para 1 of the Constitution. It is only the Constitution that can allow to restrict a right that has derived or been acquired, however, the Constitution, neither directly or indirectly, provides for such restriction in the case in question.
The right to social security is a separate Constitution-sanctioned right just like the right to work (Art. 16 and Art. 48, para 1). The latter is guaranteed and protected by the Constitution on its own. The exercise of each of these rights is not conditional upon the exercise (respectively non-exercise) of the other.
Considerations that the pensioning legislation affects the labor market are from the domain of the interplay of social facts and processes but are not characterized by direct Constitution relevance and therefore do not condition a decision on the issue raised concerning compliance with the Constitution other than the decision passed.