I. During its sitting of 23 February 2021, within the a priori constitutional review, by a majority vote, the Constitutional Court upheld the referral of unconstitutionality filed by the Government of Romania and found the unconstitutionality, as a whole, of the Law approving Government Emergency Ordinance No 31/2020 supplementing Government Emergency Ordinance No 77/2011 establishing a series of contributions intended for the funding of health-related expenditure.
In order to reach this solution, the Court found that the law subject to review was contrary, mainly, to the principle of non-retroactivity, enshrined in Article 15 (2) of the Constitution.
II. During the same sitting, within the a posteriori constitutional review, the Constitutional Court unanimously upheld the exception of unconstitutionality of the provisions of Article 98 (1) (d) of Law No 188/1999 on the Statute of civil servants, in its wording prior to its amendment by Article I (24) of Law No 156/2018, of Article 98 (1) (d) of Law No 188/1999, as amended by Article I (24) of Law No 156/2018, and of Article 517 (1) (d) of Government Emergency Ordinance No 57/2019 on the Administrative Code, and found them to be constitutional insofar as the phrase “standard age conditions” does not exclude women’s possibility to request the continuation of the employment relationship, in identical conditions as men, respectively until reaching 65 years of age.
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The decisions are final and generally binding.
The arguments retained as grounds for the solutions delivered by the Plenum of the Constitutional Court shall be presented in the decisions, to be published in the Official Gazette of Romania, Part I.
III. The Constitutional Court also ordered the postponement, for 3 March 2021, of the proceedings concerning the objection of unconstitutionality of the provisions of the Law amending and supplementing Law No 335/2007 on the Romanian Chambers of Commerce, objection raised by 51 Deputies belonging to the parliamentary group of the Save Romania Union, to the parliamentary group of the Democratic Alliance of Hungarians in Romania, as well as unaffiliated Deputies;
The External Relations, Press and Protocol Department of the Constitutional Court of Romania