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  • Tag: The Constitutional Court

    The Constitutional Court decision on rejection of the exceptions of unconstitutionality of the provisions of OUG no. 194/2002 on foreigners

      The criticized article of law refers to the extension of the temporary residence in Romania for work purposes, for strangers who entered Romania for this purpose, if they prove the existence of concluding an individual labor contract, full time, which is registered in the General Register of the Employees, with a salary at least […]

    Exception of unconstitutionality. The obligation to ensure legal assistance during the trial

    In justifying the exception of unconstitutionality it is shown that the criticized text discriminates against individuals whose prosecution started under the old Code of Criminal Procedure, or have signed a plea bargain, that can invoke the lack of mandatory legal assistance at any time of criminal trial and individuals prosecuted according to the current Code […]

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    Withholding of taxes and employees’ contributions, but not paying them to the state is no longer an offence

    Art. 6 of Law no. 241/2005 provides that “is an offense and is punishable by imprisonment from one year to six years detention withholding and not submitting, intentionally, within 30 days of the due date, the amounts representing taxes or contributions.” In its arguing, the Constitutional Court ruled that the legal provisions in case are […]

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    The Labor Code was adopted on 03.09.2015, as a result of a citizens’ legislative initiative

    The document, which passed the verification of the Constitutional Court, provides flexible and more balanced labor relations between employees and employers. Among the main changes included in the project are changing the individual labor agreement, amending the duration of leave and bonuses for extra work. According to the explanatory memorandum to the legislative initiative, among […]

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    The provisions of art. 52 paragraph (1) letter b) of the Labor Code declared unconstitutional. Decision of the Constitutional Court

    The Court finds that the provisions of art. 52 paragraph (1) letter b) of Law No. 53/2003 require a separate analysis of the two theses contained, the causes for the suspension of the individual labor contract being obviously different. This distinct examination has been detained also by Decision No. 81 of 26 February 2015 published […]

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    The forfeiture of the good conduct guarantee provided by the Government Emergency Ordinance No. 34/2006 on the award of public procurement contracts was declared unconstitutional

    The object of the exceptions of unconstitutionality is the provisions of art. 2711 and art. 2712 of the Government Emergency Ordinance No. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession, regarding the appeal procedure on awarding public procurement contracts, the establishment of the good conduct guarantee of the […]

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    The Constitutional Court ruled that the employer cannot suspend the contract of the employee, in case of filleing against him a criminal complaint

    Regarding this exception of unconstitutionality, the Constitutional Court decided on admission of it and found that the provisions of art. 52 paragraph (1) letter b) first sentence of Law 53/2003 – Labor Code are unconstitutional. According to the existing provisions of the Labor Code, the suspension of the individual labor contract can occur de iure, […]

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    The Senate rejected the law providing the registration of prepaid users and their data collection and storage, following the request for review submitted by the Constitutional Court

    The Constitutional Court, solicited in July 2014 by the Peoples Lawyer, upheld the objection of unconstitutionality, saying that this legislative measure by which personal data are to be retained, continuously for six months from generating this information, “would undermine the principle of safeguarding and protection of family and private life private by public authorities and […]