Staatsbürgerversicherung und Verfassung

Since the decision made by the German Federal Constitution Court in 1980, every fundamental pension reform in Germany has to be based on the protection of the property of those expecting a pension. Anne Lenze examines the possibility of a citizens' insurance, already in existence in Switzerland, and attempts to establish the lawmaker's maximum leeway for the protection of property. The current debates surrounding fairness between the generations, equality of both sexes and the overcoming of mass unemployment have resulted in a demand for equal treatment. The author examines these demands for equality before the law, demands which are being made on a modern old age pension scheme, in relation to their constitutional relevance. She concludes by giving the social criteria for old age pension schemes, criteria which in accordance with Article 23 Paragraph 1 of the German Basic Law should guide the actions of the Federal Republic of Germany in the development of the European Union.