At the hearing of 17 November 2022, the Constitutional Court, in the context of the a posteriori constitutionality review, by a majority of votes, upheld the exception of unconstitutionality and found that the phrase “public pension system” in the title of Law no. 8/2006 on the establishment of the allowance for retirees of the public pension system, members of creative unions legally established and recognized as legal entities of public utility, as well as in the content of Article 1 (1) of said law.
In essence, The Court held that the phrase “public pension system” in the title of Law no. 8/2006, as well as in the content of Article 1 (1) of this law is discriminatory, contrary to the provisions of Article 16 (1) from the Constitution, because the law conditioned the granting of the allowance on membership to the public pension system. However, it must be granted regardless of the public pension system from which the retiree originates.
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The decision is final and generally binding.
The arguments set out in the grounds for the decision of the Constitutional Court will be set out in the decision, which will be published in the Official Gazette of Romania, Part I.
The External Relations, Press and Protocol Department of the Constitutional Court of Romania