The constitutional court bulletin

Legislative delegation – areas in which emergency ordinances cannot be passed
Adjudicating within the a posteriori review, the Constitutional Court allowed the objection of unconstitutionality raised directly by the Advocate of the People and held that the Government Emergency Ordinance no. 230/2008 for the amendment of certain normative acts concerning the pensions in the public system, State pensions and occupational pensions is contrary to Article 115 paragraph (6) of the Constitution.

The provisions under the said ordinance prohibit pension cumulation with the income from an occupation carried out within public authorities and institutions and, correlatively, require persons in the situation referred to opt for retirement or for revenues derived from labour, otherwise said, to abandon the pension continuing their professional activities or to leave their professional work that brings income and to preserve pension.

In consideration of the provisions under Article 115 paragraph (6) of the Constitution, according to which emergency ordinances cannot affect the rights and freedoms provided by the Constitution, the Constitutional Court held that the provisions under the Government Emergency Ordinance no. 239/2008 are unconstitutional because they affect the abovementioned basic rights.

In the same time, the Court determined that, following the ascertainment of the unconstitutionality of the Government Emergency Ordinance no. 236/2008, the Government is not impeded to promote, in compliance with the principles of non retroactivity of the law, non discrimination and equal rights and with the other rules and principles comprised in the Constitution, the necessary measures with regard to the circumstances and conditions in which the pension may be cumulated with the revenues derived from labour.

Decision no. 82 of January 15^th 2009, published

in the Official Gazette of Romania, Part I, no. 33 of January 16^th 2009