On 8 October 2020, the Plenum of the Constitutional Court, within the a posteriori constitutional review, unanimously upheld the exception of unconstitutionality and found that the provisions of Article 79 (5) of Law No 188/1999 on the status of civil servants were unconstitutional.
The impugned provisions, currently repealed, but which continue to produce legal effects in the cases where the exception of unconstitutionality has been raised, are worded as follows: “The manner in which disciplinary committees are set up, organized and function, as well as their composition, prerogatives, manner of referral and their working procedure are established by Government decision, upon proposal by the National Agency of Civil Servants.”
The decision is final and generally binding and it shall be notified to the two Chambers of Parliament, the Government and the courts of law that referred to the Constitutional Court, respectively to the Gorj County Court – Administrative and Fiscal Litigation Section, Dolj County Court – Administrative and Fiscal Litigation Section, Mehedinți County Court – 2nd Civil Section for Administrative and Fiscal Litigations and Craiova Court of Appeal – Administrative and Fiscal Litigation Section.
The arguments retained as grounds for the solution delivered by the Plenum of the Constitutional Court shall be presented in the decision, to be published in the Official Gazette of Romania, Part I.
External Relations, Press and Protocol Department