Through a detailed analysis of the Slovenian Constitutional Court judgments and judgments of the European Court of Human Rights Master's thesis deals with the question whether property protection can be awarded to the pension rights. Both courts held that pension rights can enjoy the protection of property. The right to pension is a pecuniary right and enjoys the protection under Article 1 of Protocol No 1. With the recognition of dual protection of pension rights the Slovenian Constitutional Court has broaden the scope of beneficiaries; namely, the Slovenian Constitution guarantees the right to pension only to the citizens, whereas the constitutional right to private property is guaranteed regardless of the nationality. Prospected right to pension enjoys protection of property too. Property protection represents a strong argument for the admissibility of the reassessment of pension. Having regard to judicial decisions and international commitments, the pension scheme provider must take into account all the basics when calculating the amount of pension payable; furthermore, the pension can be exported to any one of the states. Despite broad interpretation of property protection of pension rights, the social role of pension and the rule of solidarity (as the leading principle of social security sistem) should be taken into account and furthermore, proportionate balance between the respect of the principle of solidarity, social aspects of pension rights and property protection should be found.
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