A crack. For now small, but that could grow and create a new flaw in the pension system, putting in doubt the mechanism devised by the government to contain the damage (Public Accounts) arising from the decision of the consultation which declared unconstitutional the block adjustment of pensions to the cost of living with the reform decided Monti-Fornero 2011.
On Thursday, May 28, a judge of the work of Naples, Federico Bile, has signed an injunction requested by a pensioner against INPS, and ordered the Institute to liquidate 3,047.74 euro. Practically all arrears, to the penny, accrued over the years but the frozen block of adequate pensions to inflation. The appeal, filed by the lawyer Vincenzo iron, was filed in court on May 13, before the government licenziasse the decree on the “bonus”. “This,” says the lawyer iron, “count to a certain point, since the injunction was issued after the publication in the Journal the government decree, circumstance,” added the lawyer, “which suggests that the judge knew the contents but not considered it sufficient.”
The decision to Naples, in short, could pave the way for other applications, be a precedent. Yesterday the Ministry of Labour immediately tried to throw water on the fire and put stakes. Citizens who believe they see injured their own right, have informed sources of the ministry, have every right to appeal, “but the actions must take into account the government decree.” A turn of phrase to say that you can not expect more than what the government has decided to settle with his decree, that repayments from 278 to 750 Euros at most that become zero for those with a check of more than 2,900 euro gross per month.
CONSEQUENCES
But the crack of Naples, as we said, is likely to widen. As evidenced by the immediate position of the Codacons, the consumer association that a decree of the government has launched a collective action for damages. “This is an important decision, endorsing the class action launched by Codacons which already has more than 5,000 retirees by sending a warning to INPS and to the ministry of labor,” says President Carlo Rienzi. “If you will not be returned in full the money stolen from the people who participated in our collective action,” he continues, “will snap thousands of similar actions that can count on the important precedent of the Court of Naples.”
The Codacons Then, disputes the ministry of labor. “The error is obvious – said Rienzi – The decree, in fact, that for the future, but does not erase the rights acquired by pensioners in the past, and the ruling of the consultation affects their pensions prior to which it is widely legitimate appeal» . What will happen now? First, the injunction obtained by the pensioner of Naples is not immediately enforceable. It will only be between forty days and unless INPS does not propose action. Which probably will happen in the coming days. The two sides will be confronted before the same judge who issued the decree. That will eventually unsuccessful appeal.
The point, at least the main one, however, will not be those who will have finally won. More important will be to understand what the effect emulation, many other pensioners ie, propose action. One of the expected outcomes is that a judge may soon ask again to the Consulta to issue a final judgment, if that is 2.2 billion on 17.6 total it would take to repay “all things to everyone” put on the plate by the government Renzi, are enough to bring the pension adjustments in the scope of the Charter.
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