Discriminarea în materie de salarizare. Rolul jurisprudenței
Discrimination in Pay. The Role of Case Law

Summary/Abstract: The legal institution of discrimination in matters of salary is particularized by the establishment of differentiations resulting from the application of different legal treatment to persons in comparable legal situations, contrary to the principle of legal equality. Salary discrimination can also be analysed from the perspective of recognising different legal situations resulting from the application of identical treatment, this time to persons who are not in comparable legal situations. Although the discrimination criteria have known limitations linked to the European regulatory mechanism, they have subsequently been interpreted differently in the national legal systems of the various Member States. The article analyses the potential normative discrimination in the field of civil servantsʼ salaries, the European framework, as well as the national case law, from the point of view of the provisions of Law No. 153/2017 on the Salary of Staff Paid from Public Funds.

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