Romanian Constitution Article 53 Justifies Austerity Measures – PM

Romanian Prime Minister Emil Boc said Sunday that article 53 of the Constitution was also used to justify the unpaid vacation measure adopted in 2009, whose constitutionality was confirmed by the Constitutional Court.

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Boc said that the current austerity measures are constitutional, even though they are temporary, and they are justified by article 53 of Romania's Constitution. He added that the ten-day unpaid vacation imposed on public sector employees in 2009 was also temporary and required because of the global crisis, and it received the approval of Romania's Constitutional Court. The Court's decision at the time said that the country's security could be affected if the Government does not impose an appropriate measure.

The Prime Minister said that Romania's national security is defined by the law as a "state of legality, balance and social, political, and economic stability". According to Boc, other EU member states imposed similar measures when they needed to diminish the budget deficit.

Boc reiterated that the Government has no other alternative than to enforce wage and pension cutbacks.

Boc said Wednesday that the law on reducing budget expenses is based upon article 53 of the Constitution, which refers to the temporary limitation of certain rights, in view of defending national security.

Boc added that the Government will seek a confidence vote in Parliament for two laws, one of which concerns public expenditure cutbacks achieved through reducing wages, pensions, and other social benefits.

Article 53 of Romania's Constitution says that the exercise of certain rights or freedoms may only be restricted by law, only if necessary, as the case may be, for: the defence of national security, of public order, health, or morals, of the citizens' rights and freedoms; conducting a criminal investigation; preventing the consequences of a natural calamity, disaster, or an extremely severe catastrophe.

Such restriction shall only be ordered if necessary in a democratic society. The measure shall be proportional to the situation having caused it, applied without discrimination, and without infringing on the existence of such right or freedom.

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