LES DROITS SOCIAUX DANS LA JURISPRUDENCE DE LA COUR CONSTITUTIONNELLE DE LA ROUMANIE
SOCIAL RIGHTS IN THE CASE THE CONSTITUTIONAL COURT OF ROMANIA

Summary/Abstract: The Constitutional Court of Romania had to decide, on several occasions, on complex issues related to social rights, particularly in recent years, when the phenomenon of economic crisis led to a continuous adaptation of social policy, materialized in legislative measures. Upon referral, adjudicating on the constitutionality of such regulations, the Court rendered several decisions in which it examined and explained the meaning of the concept of "social state", thus circumscribing, on the one hand, the scope of social rights, especially those of social security, and on the other hand, the State's obligations in relation to the constitutional norm, respectively its margin of appreciation while adopting measures concerning social rights. The author presents some of the issues addressed by the Constitutional Court of Romania through its decisions, selecting those decisions considered relevant as concerns the legal status of social rights, inclusively in terms of explaining some concepts provided by the relevant constitutional provisions.

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