Overview of recent cases before the European Court of Human Rights (March 2019 – July 2019)
| Author | Marcin Wujczyk |
| DOI | 10.1177/1388262719873163 |
| Published date | 01 September 2019 |
| Date | 01 September 2019 |
| Published By | Sage Publications, Inc. |
Case commentary
Overview of recent cases
before the European
Court of Human Rights
(March 2019 – July 2019)
Marcin Wujczyk
Jagiellonian University, Poland
Reduction of pensions not considered as disproportionate, excessive, or
incompatible with the right to respect for property (Yavas and Others vs
Turkey)
1
This is an analysis of the judgment of the European Court of Human Rights on 5 March 2019.
Twelve applicants had maintained that the decrease in the amount of their pension infringed their
right to the enjoyment of property guaranteed by Article 1 of Protocol No. 1.
The facts of the case
The applicants had worked for many years for the Turkish insurance company, ‘Ankara’, and while
working, had paid ‘twice the limit’ set by law into their employer’s pension scheme, which should
have given them the right to an enhanced pension in return for these additional contributions.
2
In
2001, Ankara decided that from 31 December 2001 deficits in the pension fund meant that pen-
sions would be paid at the amount set by law. The fund was subsequently transferred, by a decision
of Council of Ministers, to the public social security institution, which reduced the applicants’
pensions from 1 February 2002. The applicants appealed against the reductions, but their appeals
failed.
3
The applicants, in essence, argued that the decrease in their pensions on retirement was a
breach of their right to enjoyment of property as guaranteed by Article 1 of Protocol No. 1.
Corresponding author:
Marcin Wujczyk, Department of Labour Law and Social Security, Jagiellonian University, Krak´
ow. Poland.
E-mail: marcin.wujczyk@uj.edu.pl
1. Application no. 36366/06, 5.03.2019
2. Ibid: [5-6]
3. Ibid: [8-10]
European Journal of Social Security
2019, Vol. 21(3) 281–288
ªThe Author(s) 2019
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/1388262719873163
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