Decizia Curții Constituționale a României nr. 521 din 5 octombrie 2023
Decision of the Constitutional Court of Romania no. 521 of October 5, 2023

Summary/Abstract: The right to work and the right to pension are two fundamental rights, expressly guaranteed by the Constitution. The exercise of these rights can be restricted in the case of completely exceptional situations, but it cannot be suppressed in any way. Suppression should not be understood expressis verbis, but can also be inferred from a mode of regulation from which it results implicitly, such as their suspension in the case of the imposition of an option right that exclusively confers the way of their alternative exercise. A law drafted by the Parliament in the summer of 2023, and which regulated restrictive measures of the pension-salary sum for pensioners from the public system who wanted to continue their activity, was assessed as unconstitutional when referred to the High Court of Cassation and Justice. Violation of fundamental rights to work, pension and private property, as well as non-compliance with the principle of non-retroactivity of the law are, in essence, the findings of the constitutional court regarding the entire regulatory act subject to control.

• Details
• Contents