CYIL vol. 10 (2019)

KATEŘINA ŠIMÁČKOVÁ CYIL 10 ȍ2019Ȏ ultra vires when deciding on the issue of pension rights after the breakup of the Czechoslovak federation. 53 Deliberations on the further development of old-age pensions as an example of the protection of the rights of the elderly From a sociological point of view, the universal solidarity programs usable by all (security in sickness and old age) has much more support in public than those forms of solidarity that apply to certain specific groups of the population only. 54 In addition to the problems with the increase in the costs of old-age pensions, the aging population is associated with a huge demand for social services and health care. The new danger in modern societies is brought by the inability of a large number of the elderly to care for themselves independently. The public institutions are not able to take care of everybody and even private households lack the resources to care for the elderly themselves. 55 Also the feminisation of poverty is a problematic issue in the Czech Republic due to a high gender pay gap. 56 Also these structural problems should be taken into account when considering the development of the legislation applicable to old-age pensions. 57 A big problem seems to be that the Czech pension system is so complicated and confusing that it is comprehensible neither for the public nor for the politicians who comment it and decide on its form. 58 In addition, according to Potůček, many people start dealing with the topic of old-age pension only when it becomes a matter of concern for them. This deliberation is illustrated nicely by the group of senators who have been successful petitioners having sought the annulment of the taxation of high-income working pensioners (see above the commented judgment file No. Pl. ÚS 18/15). Some of those senators originally supported by their vote in the Senate the passing of the Income Tax Act with the contested legislation, in order to propose the annulment of the tax regulation disadvantageous for them after several years (perhaps in an altered life situation with regard to their aging). Perhaps, only the life experience made them to notice this legislation and find out the effects of the contested legislation on their income. The plenary case-law of the Constitutional Court probably does not capture the most fundamental problems of the Czech pension system. The Constitutional Court does not rule on issues that are legally and factually most problematic, but only on those issues that are presented to the court by bodies with locus standi. According to the current practice, such 53 Judgment of 31 January 2012, file No. Pl. ÚS 5/12 (N 24/64 CC Coll. 237) Slovak pensions XVII. See, for instance, MOLEK, P. The Court That Roared: The Czech Constitutional Court Declaring War of Independence against the ECJ. European Law Reporter, Luxembourg: Verlag radical brain S. A., 2012, No. 6, pp. 162-170. 54 KELLER J. Soumrak sociálního státu , [Twilight of the Welfare State] Prague: Sociologické nakladatelství, 2nd edition 2009, p. 95. 55 Zapf, W. Development, Structure and Prospects of the German Social State in: Rose, R., SHIRATORI, R (eds.) The Welfare State East and West, Oxford University Press, New York – Oxford 1986, cited by MUSIL, L, Vývoj sociálního státu v Evropě , Brno: Doplněk 1996, p. 89. 56 KOLDINSKÁ, K. Gender a sociální právo , [Gender and social law] Prague: C. H. Beck 2010. 57 Popular expert explanation of the current state of thinking about the Czech pension system can be found in M. POTŮČEK, České důchody , [Czech pensions] Prague : Karolinum 2019; comprehensive professional works on this issue are particularly TOMEŠ, I., Úvod do teorie a metodologie sociální politiky , [Introduction to theory and methodology of social policy] Prague: Portal, 2012, or KREBS, V., Sociální politika , [Social policy] ASPI 2010, Praha: Portál, 2012. 58 BARAK V. České důchody (recenze knihy České důchody od M. Potůčka), [Czech Pensions (Review of the book Czech Pensions by M. Potůček)] Fórum sociální politiky 3/2019, p. 29.

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