Up-74/96

Reference no.:
Up-74/96
Objavljeno:
OdlUS VIII, 114 | 14.01.1999
ECLI:
ECLI:SI:USRS:1999:Up.74.96
Act:
Supreme Court judgement No. VIII Ips 44/95, dated 5 Dec. 1995, Superior Labor and Social Court Ljubljana judgement No. Psp 80/94, dated 6 Oct. 1994, Court of Associated Labor of Pension and Disability Insurance in the Republic of Slovenia decision No. Sp 138/93 dated 19 Nov. 1993
Operative provisions:
The Supreme Court judgement, the Superior Labor and Social Court Ljubljana judgement, and the Court of Associated Labor of Pension and Disability Insurance in the Republic of Slovenia decision, are reversed. S. S. is entitled to the advance payment of military pension, according to the Decree on the Advance Payment of Military Pensions. This decision is to be implemented by the Pension and Disability Institute of Slovenia.
Abstract:
Art. 2 of the Decree on the Advance Payment of Military Pensions represents a special benefit of certain military persons who have brought into force the right to pension in their group of the military insured, or who have fulfilled the conditions to acquire the right to be receiving pension after 25 Jun. 1991 (OdlUS III,7). The benefits granted by the Decree should be interpreted in a broad manner and consistently with the principle of equality before the law, so that these equally apply to all individuals whose state of facts and law is equal or comparable. The more so because pension concerns one of the basic constitutional rights, i.e. the right to social security under Art. 50 of the Constitution (Constitutional Court decision No. Up-89/94 dated 12 Mar. 1998 - DecCC VII,104).

In the case of the complainant, being a retired person, only a broad enough interpretation of the Decree insures to him an equal position with respect to other military insured who were, concerning the recognition of their right to the advance payment of military pension, in a comparable factual and legal position (the old-age retired persons). Also, in the case of the military insured, the essential condition for recognizing their right to military disability pension is the finding of their permanent disability for an active military service caused by illness or injury. It is to be considered that the complainant fulfilled the condition required by the Decree, i.e. the "fulfillment of the condition for recognizing the right to pension", if the competent body established his permanent disability for an active military service by 18 Oct. 1991. In such a manner should also be interpreted the application of regulations on the pension and disability insurance of the military insured.
Password:
Determination of the implementation of a Constitutional Court decision.
Constitutional Court decision on a right.
Pension and disability insurance, the military insured.
Equality before the law.
Equality in the protection of rights.
Right to social security.
Freedom of movement.
Dissenting opinion of a Constitutional Court judge.
Legal basis:
Constitution, Arts. 14, 22, 32, 50
Constitutional Statute for the Implementation of the Basic Constitutional Charter on the Independence and Sovereignty of the Republic of Slovenia (UZIUTL), Arts. 14, 18, 21 Pension and Disability Insurance of the Military Insured Act (ZPIZVZ), Arts. 13, 14
Pension and Disability Insurance Act (ZPIZ), Art. 254 Service in the Military Forces Act (ZSOSI), Art. 293 Constitutional Court Act (ZUstS), Arts. 59, 60
Document in PDF:
Type of procedure:
constitutional complaint
Type of act:
other acts
Date of application:
19.03.1996
Date of decision:
14.01.1999
Type of decision adopted:
decision
Outcome of proceedings:
annulment or annulment ab initio
Document:
AN01787