Mardi intime de la Chaire Hoover par Kevin Hartmann

What if we decide to introduce Automatic Balancing Mechanisms (ABMs) to pension schemes? Does such pension reform rise questions regarding Article 1 Protocol 1 on the Right of Property of European Convention on Human Rights (A1P1)? My hypothesis is that depending on when do we introduce AAMs, the legal consequences under the light of A1P1 ought to be different. When setting a new pension system, there would be a twofold and parallel phenomenon: i) an ex-ante condition of the pension benefit of current contributors and ii) an ex-post conditioning of the pension benefit for current pensioners. When introducing them to current pension systems the protection of A1P1 is triggered only to retirees and as such, it would be an interference to their peaceful enjoyment of possessions. Consequently, it would be necessary to justify such interference in precise public interest reasons. Consequently, due to the flexibility of the Court’s assessment when reviewing potential breaches of A1P1 in social security, the introduction of such mechanisms at any moment would not derive in a breach to A1P1.