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

Teodor Narcis Godeanu ()
Additional contact information
Teodor Narcis Godeanu: Faculty of Juridical, Administrative and Economic Sciences, „Spiru Haret” University, Romania

Perspectives of Law and Public Administration, 2018, vol. 7, issue 2, 279-283

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 continuation of 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.

Keywords: the right to retirement; standard retirement age; minimum contribution period; employee; other categories of staff; woman; male; discrimination. (search for similar items in EconPapers)
JEL-codes: K31 K38 (search for similar items in EconPapers)
Date: 2018
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://www.adjuris.ro/revista/articole/an7nr2/21.% ... Godeanu%20-%20EN.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:7:y:2018:i:2:p:279-283

Access Statistics for this article

More articles in Perspectives of Law and Public Administration from Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) Contact information at EDIRC.
Bibliographic data for series maintained by Catalin-Silviu Sararu ().