The Right Regarding the Cumulation of the Service Pension with Other Incomes of a Salary Nature Paid from Public Funds - Constitutionality Approach Cover Image

The Right Regarding the Cumulation of the Service Pension with Other Incomes of a Salary Nature Paid from Public Funds - Constitutionality Approach
The Right Regarding the Cumulation of the Service Pension with Other Incomes of a Salary Nature Paid from Public Funds - Constitutionality Approach

Author(s): Razvan Viorescu
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Labour and Social Security Law
Published by: Editura Lumen, Asociatia Lumen
Keywords: the cumulation of pension with salary; exercise of any fundamental right or freedom; violation of art. 44 of the Constitution regarding the right to private property; right to pension;

Summary/Abstract: The present analysis considers the aspects of the constitutionality of the regulation regarding the cumulation of the service pension with other incomes of a salary nature. The Constitutional Court was notified by Decision no. 5 of June 29, 2023, of the United Sections of the High Court of Cassation and Justice with the objection of unconstitutionality of the provisions of the Law regarding some measures for the continuation of the activity by the persons who meet the retirement conditions, as well as for the modification and completion of some normative acts, in its entirety. The objection of unconstitutionality was formulated under art. 146 lit. a) the first sentence of the Constitution and of art. 15 para. (1) from Law no. 47/1992 regarding the organization and functioning of the Constitutional Court.

  • Issue Year: XI/2023
  • Issue No: 1
  • Page Range: 47-55
  • Page Count: 9
  • Language: English
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