CCR ruled that the law prohibiting the pension-salary cumulation is unconstitutional

The Constitutional Court (CCR) decided, on Thursday, that the law prohibiting the pension-salary cumulation is unconstitutional, following the notification made by the High Court of Cassation and Justice (ICCJ). According to the president of the CCR, Marian Enache, the ban on cumulation “contradicts the fundamental right to work”.

“With unanimity of votes, the Court admitted the unconstitutionality objection formulated by the High Court of Cassation and Justice and found that the provisions of articles 2 to 11 of the law on certain measures for the continuation of the activity by persons who meet the retirement conditions, as well as for the modification and completion of some normative acts are unconstitutional. The Court, in essence, considered that the criticized provisions regarding the prohibition of combining the pension with the salary contravene the fundamental right to work guaranteed by the Constitution. Under these conditions, the law returns to the Parliament to be put in agreement with the decision of the Constitutional Court, based on Article 147 of the Romanian Constitution”, explained Marian Enache, Thursday at the Parliament.

The head of the CCR also said that “Parliament, by virtue of the principle of freedom of legislation, can regulate according to the provisions of the Court’s decision, what the Court has established or will establish, through the decision that will be communicated and published in the Official Gazette”.

On June 29, the ÎCCJ referred the Constitutional Court to the amendments to the law on service pensions and to the law on the cumulation of the pension with the salary. Both laws passed the Parliament on June 28.