Moving towards a clear concept of property

  • Jop Tangelder Jop Tangelder

In the debate concerning a new pension system, property of pensions is a term widely used. It is not clear what is meant by property of pensions. Economists, lawyers and policymakers tend to define the term differently. At the same time, they all agree that the current pension systems lacks clear property rights. A transition to a new pension system should make these property rights more clear. In the legal and economical field there are several definitions of property. In this paper, these definitions are interrelated and compared with the use of the term property of pensions in literature. Overlap and differences will be mapped out. This way, the paper will clarify the definition of ‘property of pensions’. Furthermore, this paper provides recommendations for the development of a personal pension with risk sharing scheme. Finally protection of property as provided in art. 1 of Protocol one to the EHCR and art. 17 of The Charter of Fundamental Rights of the European Union will be addressed. More precise: in this paper is analyzed when there is a breach of property under these provisions. As a corollary the question will be answered whether art. 17 of the Charter adds value to the protection the EHCR provides.

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