| Abstract [eng] |
This Master's thesis analyses the concept of the right to old-age pension in the jurisprudence of the Constitutional Court of the Republic of Lithuania. In order to reveal the content of the topic and implement the objective of this work, the theoretical models of social security traditions were reviewed and it was determined which model is closer to the Republic of Lithuania. In addition, the paper provides an overview of the Lithuanian social security system, identifying the links between the right to old-age pension and other elements of the social security system. Because the formation of the Lithuanian legal system is influenced by international documents and the case-law of international courts, the work reviews the content of the key international documents, analyses the concept of the right to an old-age pension, identifies the main rules for restrictions on the right to an old-age pension, and accentuates the requirements for restrictions on this right. This paper identifies the concept of the right to an old-age pension in the doctrine of the Constitutional Court, which is revealed through: i) the principle of property protection; ii) the principle of the rule of law; and iii) the right to freely choose work and/or business. The piece of scientific work analyzes the content of each of the mentioned aspects of the Constitutional Court, evaluating them in conjunction with the provisions of the legal doctrine and the practice of the Latvian Constitutional Court, as well as identifying the critical areas of each of these aspects. The work identifies the rules formulated in the jurisprudence of the Constitutional Court, under which the old-age pension can be reduced, and also determines the development of the official constitutional doctrine, which is linked to the case-law formed by international courts and the provisions of the legal doctrine. |
