Administrative, Social Security, Public employment, End-of-service indemnities, Constitutional Court, Ordinance no. 25 of 05 March 2026

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Social security – Public employment – End-of-service benefits, however named, due in cases of termination of service due to reaching age limits – Payment expected after twelve months from the termination of the employment relationship – Recognition of the benefit according to an installment mechanism, differently structured based on the overall amount of the benefit.

In judgments on the constitutional legitimacy of the art. 3, paragraph 2, of the legislative decree of 28 March 1997, n. 79 (Urgent measures for the rebalancing of public finances), converted, with amendments, into law 28 May 1997, n. 140, and art. 12, paragraph 7, of the legislative decree of 31 May 2010, n. 78 (Urgent measures regarding financial stabilization and economic competitiveness), converted, with amendments, into law 30 July 2010, n. 122, promoted by the Regional Administrative Court for the Marche, first section, with an order of 15 February 2025, by the Regional Administrative Court for Lazio, fifth section, with an order of 25 February 2025 and by the Regional Administrative Court for Friuli-Venezia Giulia, first section, with an order of 7 August 2025, registered respectively at numbers 55, 61 and 209 of the 2025 order register and published in the Official Journal of the Republic numbers 14, 16 and 45, first special series, of the year 2025.

Contested provisions:  Art. 3, c. 2°, of the decree-law 03/28/1997, n. 79, converted, with amendments, into law 05/28/1997, n. 140, and art. 12, c. 7°, of the legislative decree 31/05/2010, n. 78, converted, with amendments, into law 07/30/2010, n. 122.

Source Constitutional Court