Press release, 26 January 2021


I. On 26 January 2021, the Constitutional Court issued the following decisions of admission:

A) within the review of laws before promulgation, by unanimous vote:

Upheld the objection of unconstitutionality formulated by the President of Romania and found unconstitutional the phrase “existing before the capacity of insured person” contained in the sole Article of the Law completing Law No 72/2016 regarding the pension system and other social insurance rights of lawyers.

In order to give this solution, the Court found, in essence, that the above-mentioned phrase infringes the principle of equal treatment, enshrined by Article 16 of the Constitution, as it establishes some form of discrimination between the categories of retired lawyers who are objectively in the same situation.

B) within the a posteriori constitutional review, by a majority vote:

Upheld the exception of unconstitutionality and found unconstitutional the provisions of Article 18 (3) of the Competition Law No 21/1996.

The legal provisions found as unconstitutional have the following wording: “If until the expiry of the term of office of a member of the Plenary of the Competition Council, as provided by Article 15 (9) a), no successor is appointed, the member of the Plenary whose term of office expires will continue his activity until the appointed person for the future term of office takes the oath.

II. During the sitting of that date the Constitutional Court has issued, by unanimous vote, the following decisions of rejection:

A. within the review of laws before promulgation:

Dismissed, as unfounded, the objection of unconstitutionality formulated by the Parliamentary Group of the National Liberal Party and found constitutional, in relation to the criticism formulated, the Law amending and completing the Government Ordinance No 51/1997 on the leasing operations and leasing companies.

B. within the constitutional review of the Parliament’s decisions:

Dismissed, as inadmissible, the referral having as object the Parliament’s Decision No 31 of 23 December 2020 for granting confidence to the Government (following the joinder of the two referrals having the same object formulated by the parliamentary groups of the Alliance for the Unity of Romanian of the Chamber of Deputies and, respectively, the Senate).


The decisions are final and generally binding.

The arguments set out in the grounds for the decisions of the Constitutional Court will be presented in the decisions, which will be published in the Official Gazette of Romania, Part I.


External Relations, Press and Protocol Department of the Constitutional Court