The Right Regarding the Cumulation of the Service Pension with Other Incomes of a Salary Nature Paid from Public Funds - Constitutionality Approach
DOI:
https://doi.org/10.18662/lumenlaw/11.1/82Keywords:
the cumulation of pension with salary, exercise of any fundamental right or freedom, violation of art. 44 of the Constitution regarding the right to private property, right to pension, the right to workAbstract
The present analysis considers the aspects of the constitutionality of the regulation regarding the cumulation of the service pension with other incomes of a salary nature. The Constitutional Court was notified by Decision no. 5 of June 29, 2023 of the United Sections of the High Court of Cassation and Justice with the objection of unconstitutionality of the provisions of the Law regarding some measures for the continuation of the activity by the persons who meet the retirement conditions, as well as for the modification and completion of some normative acts, in its entirety. The objection of unconstitutionality was formulated under art. 146 lit. a) the first sentence of the Constitution and of art. 15 para. (1) from Law no. 47/1992 regarding the organization and functioning of the Constitutional Court.
References
Decision no. 521/2023 regarding the admission of the objection of unconstitutionality of the provisions of art. 2-11 of the Law on some 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
Decision no. 375 of July 6, 2005, Official Gazette of Romania, Part I, no. 591 of July 8, 2005
Decision no. 82 of January 15, 2009, Official Gazette of Romania, Part I, no. 33 of January 16, 2009
Decision no. 1,414 of November 4, 2009, Official Gazette of Romania, Part I, no. 796 of November 23, 2009
Decision No. 287 of May 17, 2022, Official Gazette of Romania, Part I, No. 806 of August 16, 2022, paragraph 15)
Decisions No. 872 and No. 874 of June 25, 2010, Official Gazette of Romania, Part I, No. 433 of June 28, 2010
Decision no. 1,533 of November 28, 2011, Official Gazette of Romania, Part I, no. 905 of December 20, 2011
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