Categories: Insights


29 Apr 2015

PENSIONS AND THE RULING OF THE COUNCIL OF STATE

With its ruling no. 70 of 30 April 2015, the Constitutional Court declared article 24, paragraph 25 of Italian Legislative Decree 201/2011 (so-called Manovra Salva-Italia), converted by Italian Law no. 214/2011 illegitimate, specifically the part which had frozen revaluation of pensions of amounts greater than 1,700 euro gross for the 2012-2013 two year period. According to the Court, with this provision, “the limits of reasonableness and proportionality have been crossed, with consequent detriment to the acquired right to a pension and with irreparable damage to the expectations legitimately held by the worker regarding retirement". Therefore affected retirees must be awarded a revaluation for the aforesaid period based on the original law. However, the day after this ruling, INPS (Italian Social Security) promptly explained with message no. 3135/2015 that any requests for re-establishment of pensions submitted for this purpose will not be granted for the time being, because of a lack of specific coverage as per article 81, paragraph 4, of the Italian Constitution. INPS has thus bought time and turned the problem over to the Government so it can adopt the appropriate legal initiatives. And an initial, although partial, prompt response from the Government did not fail to raise issues, particularly with trade unions. Last 18 May the Government gave the green light to a law decree on pensions, in an attempt to modify the obligations to reimburse the involved retirees. Specifically, in the decree published on 21 May 2015 in the Official Gazette and now waiting to be converted into law by the Parliament, a complete reimbursement is allowed for the lower pensions involved and a progressively decreasing one down to zero for pensions equal to 3,200 euro gross per month.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…