Despre o soluţie de eliminare a discriminării între magistraţi în ceea ce priveşte acordarea sporului salarial pentru titlul ştiinţific de doctor
About a Solution to Eliminate the Discrimination Between Magistrates in Regard of the PhD Title Pay Rise

Summary/Abstract: The regulation of the PhD title pay rise, as it is stated in the Romanian legislation regarding the unitary salary for the budgetary personnel, creates discrimination between magistrates. The Decisions nr.818-821 and 997 from 2008 of the Constitutional Court of Romania seem not to allow the ordinary courts to eliminate this discrimination, as this would allegedly interfere with the prerogatives of the legislative authorities. However, some ordinary courts, based on certain decisions of the High Court of Cassation and Justice of Romania, stated there is discrimination and eliminated its effects. The authors analyze these decisions and, also, underline that the Decisions of the Constitutional Court of Romania are contrary to the European Union law, namely Directive no.2000/78/CE regarding the equal treatment in employment.

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