THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT
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...
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| Format: | Article |
| Language: | English |
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ADJURIS – International Academic Publisher
2018-12-01
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| Series: | Perspectives of Law and Public Administration |
| Subjects: | |
| Online Access: | http://www.adjuris.ro/revista/articole/an7nr2/21.%20Narcis%20Godeanu%20-%20EN.pdf |
| _version_ | 1819119253257715712 |
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| author | Teodor Narcis Godeanu |
| author_facet | Teodor Narcis Godeanu |
| author_sort | Teodor Narcis Godeanu |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-12-22T06:01:50Z |
| format | Article |
| id | doaj.art-0dea5c76fad642658924d95cebae1381 |
| institution | Directory Open Access Journal |
| issn | 2601-7830 |
| language | English |
| last_indexed | 2024-12-22T06:01:50Z |
| publishDate | 2018-12-01 |
| publisher | ADJURIS – International Academic Publisher |
| record_format | Article |
| series | Perspectives of Law and Public Administration |
| spelling | doaj.art-0dea5c76fad642658924d95cebae13812022-12-21T18:36:31ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302018-12-0172279283THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURTTeodor Narcis Godeanu 0Faculty of Juridical, Administrative and Economic Sciences, „Spiru Haret” University, RomaniaThe 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.http://www.adjuris.ro/revista/articole/an7nr2/21.%20Narcis%20Godeanu%20-%20EN.pdfthe right to retirementstandard retirement ageminimum contribution periodemployeeother categories of staffwomanmalediscrimination |
| spellingShingle | Teodor Narcis Godeanu THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT Perspectives of Law and Public Administration the right to retirement standard retirement age minimum contribution period employee other categories of staff woman male discrimination |
| title | THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT |
| title_full | THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT |
| title_fullStr | THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT |
| title_full_unstemmed | THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT |
| title_short | THE RIGHT TO RETIREMENT IN THE "REVOLUTIONARY" VISION OF THE ROMANIAN CONSTITUTIONAL COURT |
| title_sort | right to retirement in the revolutionary vision of the romanian constitutional court |
| topic | the right to retirement standard retirement age minimum contribution period employee other categories of staff woman male discrimination |
| url | http://www.adjuris.ro/revista/articole/an7nr2/21.%20Narcis%20Godeanu%20-%20EN.pdf |
| work_keys_str_mv | AT teodornarcisgodeanu therighttoretirementintherevolutionaryvisionoftheromanianconstitutionalcourt AT teodornarcisgodeanu righttoretirementintherevolutionaryvisionoftheromanianconstitutionalcourt |