persons who are registered with the State Revenue Service and whose income does not
reach the minimum monthly wage (see Case materials, vol. 9, pp. 11f).
Also, with respect to those persons who are subject to Article 2, Paragraph One of the
Disbursement Law, the Constitutional Court could not confirm that the legislator has
chosen the least restricting means for the attainment of the legitimate end. That is to
say, the deduction from pension in the amount of 10 % is applied to all pensioners
irrespective of the amount of their pension. As a result of the application of this
provision, a pensioner may become a deprived person compelled to apply for social
aid.
Adopting the impugned provisions, the legislator has not considered with
sufficient care the alternatives to these provisions and has not envisaged a more
lenient solution. Therefore, the impugned provisions do not comply with Article
109 of the Constitution.
31. The Constitutional Court pointed out that even if the State reduces the
pension disbursement amounts for a period of time in the situation of rapid economic
recession, there is still a definite body of fundamental rights that the State is not
entitled to derogate from. In this context, it is essential to determine whether the rights
of pension recipients to social security have been infringed according to substance
(see ECtHR Judgment in Case Kjartan Ásmundsson v. Iceland, Application no.
60669/00, passed on 30 March 2005, para. 39).
The Constitutional Court indicated that one of the indispensable elements of a pension
system is its adequacy. It means that the pension system guarantees reliable and
adequate income, which does not destabilise the State budget and does not put an
excessive burden on future generations, at the same time ensuring justice and
solidarity, as well as capacity to react on changing needs of individuals and society
(see Social Protection Committee, Adequate and Sustainable Pensions, Report by the
Social Protection Committee on the future evolution of social protection, Göteborg
European Council, June 2000). States should secure, within limits, a standard of
worthwhile human life and opportunity to take active part in the state, public, social
and cultural life to all elderly people (see European Commission, Communication on
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