The Use of the Constructive Assent Mechanism in the Decision-Making Process Regarding Saving for Old Age

Abstract

The following text shows how the mechanism of so-called “constructive assent” was used in social insurance and the plans of its use in the regulations on employee capital plans (PPK) currently being drafted, based on the example of legal regulations concerning open pension funds (OFE). Thanks to the mechanism of so-called “constructive assent”, the overall result of decisions made by people who have the right to choose is foreseeable. However, taking into account the political and economic conditions in which the provisions on protection in the event of old age are adopted, the use of this decision-making mechanism in legal regulations, although effective, can undermine citizens’ confidence in the state and its laws. It is, in principle, negative, but it can also be a dangerous social phenomenon so, when designing this type of legal regulation, it is worth taking this fact into account. At the same time, considering the effectiveness of the described solution, it may be considered for use as social security insurance for people without protection, such as those employed under a contract for specific work.