BREAKING: The law that prohibits combining a pension with a state salary has been unanimously deemed unconstitutional by the judges of the Constitutional Court. The Court President stated that the law violates the fundamental right to work

The Constitutional Court judges admitted on Thursday the unconstitutionality of the law prohibiting the accumulation of pension with state salary, according to G4Media.ro sources. Subsequently, the president of the CCR, Marian Enache, announced that the decision was taken unanimously by the constitutional judges, who considered that the law contravenes the fundamental right to work.

„By unanimous vote, the Court admitted the objection of unconstitutionality raised by the High Court of Cassation and Justice and found that the provisions of Articles 2 to 11 of the law on some measures for the continuation of work by persons who meet the conditions for retirement, as well as for amending and supplementing some normative acts are unconstitutional.

In essence, the Court held that the contested provisions relating to the prohibition of the accumulation of pension and salary contravene the fundamental right to work guaranteed by the Constitution.

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Under these circumstances, the law is now going back to Parliament to be brought into line with the decision of the Constitutional Court, pursuant to Article 147 of the Romanian Constitution”, announced the President of the Constitutional Court, Marian Enache.

The High Court of Cassation and Justice (ÎCCJ) referred the matter to the Constitutional Court on 29 June regarding the amendments to the law on service pensions and the law on the accumulation of pension and salary. Both laws were passed by Parliament on 28 June.

„The High Court of Cassation and Justice unanimously decided to refer to the Constitutional Court of Romania for constitutionality review, before promulgation, the following: l Law for amending and supplementing certain regulatory acts in the field of service pensions and Law no.277/2015 on the Tax Code (PL-x no.244/2023); Law on some measures for the continuation of activity by persons who meet the conditions for retirement,” the ÎCCJ announced.

In the meantime, the Constitutional Court partially admitted in August the High Court of Cassation and Justice’s (ÎCCJ) referral on the amendments to the law on service pensions.