The constitutionality of Article 68 of the Act on Pensions and Disability Pensions paid from the Social Security Fund in the context of continued education of doctoral studies

Abstract

The article discusses the non-adjustment of the statutory limit relating to doctoral students, which sets out the right to a survivor’s pension. First some general information on the benefits, with particular emphasis on the periodic nature of the benefit, is presented on the basis of selected decisions of the Supreme Court. This is followed by some examples of statutory regulations that equalise as well as differentiate the rights and obligations of doctoral students with those of other students. These findings are subsequently compared with the existing constitutional norms. A special emphasis has been placed on the principle of equality before the law and the right to social assistance from the State in this particular case. References have been made to the doctrine and the previous judicial decisions of the Constitutional Tribunal. In the final  summary, some legislative amendments are proposed.