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

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…