Survivor's pension and the disparate marriages on ground of age. The 2011 «Berlusconi legislation» and the declaration of its unconstitutionality by the Italian Constitutional Court Decision No. 174 of 2016

Abstract

This work analyzes the recent declaration of unconstitutionality of the 2011 «Berlusconi legislation», about cuts in the survivor's pensions in the event of disparate marriages on ground of age. The Italian Constitutional Court considered unacceptable the «iuris et de iure» presumption set in the legislation at issue. It also analyzes the report on Comparative Social Security Law, in part relating to Spain, which is cited by the own Italian Constitutional Court.