Contractul colectiv de muncă versus lege. Mitul autonomiei de voință în fața realității constituționale
Collective labor contract vs. law. The myth of autonomy of will in the face of constitutional reality

Summary/Abstract: The article analyzes the impact generated by the emergence of Law no. 145/2025, a normative act that produced an intense debate at the level of autonomous administrative authorities whose efficiency was regulated, especially by reporting on the implementation of the normative act in the situation where there is a collective labor agreement in force. The novelty of the study consists in analyzing the convergence between the public interest, enshrined both in the doctrine and in the jurisprudence of the Constitutional Court, and the limits of collective autonomy in the matter of labor relations.The analysis starts from theoretical foundations of the public interest and demonstrates their continuity in the practice of the Constitutional Court, which has constantly confirmed the possibility of the state to intervene on wage rights, on collective agreements and on the organization of autonomous authorities, when the economic and social context requires it – from situations of financial crisis to protecting national security.The central challenge identified in the study is the possible „conflict” between the supremacy of the law and the binding nature of collective agreements, an issue addressed by the analysis of jurisprudence that confirms that the legislator can modify or remove clauses of collective agreements when the general interest requires it. This view is supported both by court practice and by doctrinal guidelines, emphasizing the constitutional principle according to which „no one is above the law”, not even the parties to collective agreements.Based on these findings, the article opens the direction of possible proposals for lege ferenda, aimed at strengthening normative coherence between labor legislation, regulations applicable to personnel employed in public administration and special measures adopted for autonomous authorities, in order to ensure the predictability of the rules, the protection of the public interest and the uniform treatment of similar legal situations.

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