Romania Pension-Wage Decree Restricts Right To Labor, Pension- Constitutional Court

"Considering the provisions of article 115, section (6) of the Constitution, based on which emergency decrees cannot affect the rights and liberties stipulated in the Constitution, the Constitutional Court is to ascertain that the provisions of government emergency decree no. 230/2008 are unconstitutional, as they affect the mentioned fundamental rights," according to the Court’s ruling published Friday.

 

The Court, thus, notes it is no longer necessary to analyze the other arguments of unconstitutionality presented by the ombudsman.

 

The ombudsman directly raised the exception of unconstitutionality of the provisions of emergency decree 230/2008 amending certain acts in the sector of public, state and service pensions.

 

He also considers the act cannot abolish people’s rights, since the right to pension is guaranteed by article 47, section (2) of the Constitution.

 

The Court decided Thursday, with a majority of votes, that the provisions of emergency decree 230/2008, banning cumulated pensions and wages in the public sector, are unconstitutional, thus allowing the exception raised by the ombudsman.

 

The Constitutional Court decision is final and binding.