The Government Ordinance no. 121/1998 on the Material Liability of the Military between Constitutionality and Unconstitutionality
The Government Ordinance no. 121/1998 on the Material Liability of the Military between Constitutionality and Unconstitutionality

Summary/Abstract: Starting with the CCR Decision no. 34/2016 of February 9, 2016, published on April 5, 2016 in the Official Monitor no. 286 regarding the exception of unconstitutionality of the provisions of Article 43 of the Government Ordinance no. 121/1998 on the material liability of the military personnel[1] it can be seen that many of these provisions not only no longer correspond to economic and legal realities, but from my point of view, even completely contradict several provisions of the Constitution but also of the European Convention of Human Rights.Thus: Article 2, Article 7, Article 9, Article 13, Article 14, Articles 15-16, Articles 19-20, Articles 22-35, Articles 37-40, Article 43, Article 47 from the Government Ordinance. no. 121/1998.Allegedly violated constitutional provisions: Article 1 (3)-(5), Article 4, Article 9, Article 11, Article 15, Article 16, Article 20, Article 21, Article 24, Article 41, Article 47, Article 52, Article 108, Article 115, Article 118, Article 124. Article 125, Article 126, Article 129, Article 130.Provisions of the European Convention on Human Rights allegedly violated: Article 6 The right to a fair trial; Article 13The right to an effective appeal; Article 14 Interdiction of discrimination.

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