„Českoslovenští“ důchodci v pasti práva Evropské unie
Czechoslovak Pensioners Entrapped with Law of the European Union

Summary/Abstract: Czechia and Slovakia agreed on partition of their duties towards of existing and future pensioners after dissolution of Czechoslovakia in 1992. People were assigned to the state where they lived or where their employer was domiciled on the last day of Czechoslovakia. The criterion was feasible for administration, but unjust in several cases. Subsequently, the Czech Republic helped individuals who actually worked on its territory. Other Czechs with low Slovak pensions complained. Finally, the Constitutional Court established right of all nationals for domestic pensions. This approach, however, does not comply with equality of nationals of the member states of the European Union since the accession of both countries in 2004. Therefore, the Supreme Administrative Court has requested for preliminary ruling. The Court of Justice confirmed application of the principle in recent judgment Landtová (C-399/09) Parallel application of European and constitutional case-law results in Czech compensations for all Slovak pensioners. Such spending of billions is, however, absurd from economic, social and political views. Non-transparent policy of executive, lack of legislative framework for compensation, ill-conceived case-law of high courts can be blamed jointly for the situation. Appropriate exception should be negotiated before the accession.

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