THE SUSTAINABILITY OF THE SOCIAL SECURITY SYSTEM: SPECIAL REFERENCE TO THE PENSION SYSTEM
THE SUSTAINABILITY OF THE SOCIAL SECURITY SYSTEM: SPECIAL REFERENCE TO THE PENSION SYSTEM

Summary/Abstract: The difficult economic situation, the political crisis of employment and demographic change constitute new conditions of the economic, political and cultural society that, although conjunctural, have allowed open the current debate on the present and future sustainability of the Social Security system in general and on the pension system in particular. Demographic change linked to the aging process occupies and is of concern to the European Union itself. The European Commission imposes social security reforms on Member States. The change suggested by the European Commission represents a drastic change in the Spanish Social Security system that poses serious problems of constitutionality and legality. The introduction of the sustainability factor implies a regression of the pension system that favors the development of private pension funds, assuming in the future an impoverishment of pensioners. This change is contrary to what is established in the Spanish Constitution, as it represents an attack on the very essence of the Social Security System as the basic pillar of the Social and Democratic State of Law in which Spain is configured. In fact, sustainability has been an argument to justify reforms that act on social spending in order to stabilize public debt and deficits. But pensions have to be sustainable because Social Security is protected by an institutional guarantee.

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