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The Elders gave their opinion in June 2014, in terms of compensatory benefits, on the point of knowing whether the sums paid for compensation for accidents at work and the right to compensation for a disability should be taken into account.
Compensatory Allowance and Disability Compensation
Seized on April 2, 2014, of a priority question of constitutionality (QPC) referred by the Court of Cassation, the Elders ruled (decision n°2014-398 QPC) on the conformity of the provisions of article 272 of the Civil Code .
It should be recalled that this article, relating to the determination of the compensatory allowance, provides that, in determining needs and resources, the judge does not take into consideration the sums paid for compensation for accidents at work and the sums paid to the under the right to compensation for a disability. And the result is clear: according to the Council, the provisions of article 272 are unconstitutional.
Unconstitutionality of Article 272
concerning the determination of compensatory allowances, was declared unconstitutional by the Elders. The article, which excludes certain sums from consideration, has sparked debates and calls for potential amendments to ensure fairness and effectiveness in calculating compensatory benefits.
Article 272 of the Civil Code, which excludes certain sums from consideration in the determination of compensatory allowances, has been declared unconstitutional by the Elders. This ruling raises questions about the fairness and effectiveness of calculating compensatory benefits, calling for potential revisions to ensure constitutional compliance.
The unconstitutionality of Article 272 of the Civil Code, relating to the determination of the compensatory allowance, has been a significant development in the legal landscape. In June 2014, the Elders delivered their opinion on whether the sums paid for compensation for accidents at work and the right to compensation for a disability should be taken into account when calculating the compensatory benefits. The Council ruled that the provisions of Article 272 are unconstitutional. This decision has sparked discussions and debates among legal experts and policymakers regarding the fairness and effectiveness of the existing framework for determining compensatory allowances. Further analysis and potential amendments to the law may be necessary in light of this ruling.
