La juridificación del concepto europeo de pensiones adecuadas, seguras y sostenibles

Abstract

ABSTRACT The doctoral thesis analyse the concept of adequate, safe and sustainable pensions proposed by the White Paper on Pensions, which complete the process of nearly a decade with regard to the reform of the European Systems pensions and establishes the guidelines to be followed by the national legislators. The general objectives obey the need to delimit the discursive-politic processes in which pensions from 2012 and 2013 have been developed in Spain and to systematize the adopted measures for the fulfillment of those purposes. To this end, it has been posed specific objectives that have served at the same time to structure the content of this essay in four main parts: Firstly, an introductory section, where it has been tackled the Spanish legislative system of the European Agenda on modernization of the systems of social protection and specifically the concept of adequate, safe and sustainable pensions. It has been reconstructing from European perspective, the Community debate about pensions, looking for immediate and remote antecedents in the institutions and European organizations. The second part, in Italian language and from a Comparative Law Approach characterizes in both countries the concept of adequate pension. In the third part, it has been considered the recourse to the complementarily between labour and passive incomes of the pensioners. In the last part of the thesis, it has been considered the inadequate regulations for the early retirements in those jobs with higher physical-mental conditions. The juridical methodology carried out has been the three-dimensional model of law, that theory that consider to this as a value, a rule and a fact. On the one hand, it has been dealt the study of the changes of values and facts, through the analysis of the Soft Law discourse (appealing to Communications of the European Commission, to conclusions of European Councils, to the Session's Diary of the Congress of Deputies and its official bulletin). On the other hand, comparative Law has been considered for studying the rule, comparing and juxtaposing different categories of rules of the legal system, to study the compatibility between work and pension, as well as the Comparative International Law, trying to go beyond the study of the foreign law, requiring of comparation as legal work. The comparative research approach has been eminently macro comparative analysing the legal system as a whole from a global vision of the law to the social security, with a lower relative presence of the juridical mechanisms related to each legal code. For the second of them, it has been considered microcomparation, analysing specific aspects of Law, facing legislation, jurisprudence and others sources of law in specific aspects. In view of the results achieved, it is concluded in a positive way the legislative paper, outstanding some critical and inconsistent aspects of the Spanish regulation and formulating a possible legal reform.