Repere actuale privind încetarea de drept a raporturilor de serviciu și de muncă la îndeplinirea condițiilor legale de pensionare
Current highlights regarding the legal termination of service and labour relationships upon meeting the legal retirement conditions

Summary/Abstract: This article's idea originated from a legal issue that sparked extensive discussions, at least at the level of public administration. Specifically, the Decision of the High Court of Cassation and Justice no. 91/2024 concerned the interpretation of the provisions of art. 517 paragraph (2) of the Administrative Code, approved by Government Emergency Ordinance no. 57/2019. In this context, without denying the fact that the provisions above and the interpretation given by the High Court of Cassation and Justice do not find their direct applicability in the employment relationships of contractual personnel, equally, the effect that the decisions of the supreme court regarding the resolution of legal issues have on similar situations cannot be ignored. Thus, in this article, we will determine the applicability or not, for employment relationships falling under the Labour Code, of the following legal issue established by the High Court of Justice: in the event of the maintenance of the public service relationship upon request after the retirement conditions have been met, does the issuance of the retirement decision determine the legal termination of the service relationship or not, even if the public servant had requested the suspension of pension payment. In our analysis, we will refer both to the effects of the Panel's decisions on resolving legal issues within the High Court of Justice and to the courts' practice of applying legal principles resolved by the Supreme Court to similar situations, trying, at the same time, to identify whether such opinions have been expressed in the specialised literature.Apparently, a simple legal issue, it was later complicated, in our opinion, by the adoption on March 6, 2025, of the Government Emergency Ordinance no. 9/2025, which, through art. IV, supplemented art. 38 of the framework law no. 153/2017 on the remuneration of personnel paid from public funds, introducing a new paragraph with duplicate content as art. 517 paragraph. (2) of the Administrative Code. Beyond the fact that the provision was already delimited by art. 56 of the Labour Code (primary law applicable to all contractual employees in the public administration), Government Emergency Ordinance no. 12/2025, adopted on March 13, subsequently decided to suspend the application of the provisions of GEO no. 9/2025 until December 31, 2025.Throughout this study, we have sought to clarify the applicable legal framework, the categories of contractual employees to whom it applies, and the method of standardising legal norms. The study will end with a series of conclusions and possible proposals for lege ferenda, presenting relevant theoretical and practical implications for the subject under analysis.

• Details
• Contents