THE RIGHT TO RETIREMENT IN THE

THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT
THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT

Author(s): Narcis Godeanu
Subject(s): Constitutional Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: the right to retirement; standard retirement age; minimum contribution period; employee; other categories of staff; woman; male;discrimination;

Summary/Abstract: The study analyzes the general legal regime of pension rights, in the view of the Constitution and the current legislation, referring to the recent decision of the Constitutional Court no. 387/2018, which allowed an exception of unconstitutionality and it was found that the provisions of art. 53 par. (1) letter c) of the Labor Code are constitutional insofar as the phrase "standard age conditions" does not exclude the possibility for women to request the continuationof the individual labor contract under identical conditions with the man until the age of 65 years. Such a solution leads to the conclusion that the woman can, without being obliged to continue her activity until the age of 65, thus eliminating a rule which has long been in the legislation, considered by some specialists to be discriminatory, also embraced by the Constitutional Court by that decision.

  • Issue Year: 7/2018
  • Issue No: 2
  • Page Range: 279-283
  • Page Count: 5
  • Language: English