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Sine Die Suspension Of Law Enforcement - Reason For The Cessation Of Its Existence?

Listed author(s):
  • Corina Arsenie-Scarlat

    ()

    (Doctoral School, Field of Legal Sciences, Bucharest University of Economic Sciences)

Registered author(s):

    The successive suspensions of aid payments from 2011 and to date, as provided by the framework Law 284/2010- Annex ,7 for uniform pay, amended, section 3, have caused serious damage to property observance, as guaranteed by Art. 1 of Protocol no. 1, additional to the European Convention on Human Rights. ”Invoking the country's economic and financial situation by the legislator, in order to restrict the exercise of a fundamental right springing from a law that is still in force, is not sufficient, but that restriction must meet all the requirements specified in Art. 53 of the Constituti on”. The rules that have the effect of "sine die" suspending the rights of former employees, now retired, restrict and limit forcedly their rights guaranteed by law and cannot be considered democratic measures, as long as successive suspensions can affect the very existence of the law. Research methods used: direct documenting through case studies from personal law practice and not only, as well as from primary and secondary bibliographic documentation. Results and implications of the study: the impact of these rules that defer the payment of aids to former employees is significant, in that they bring material losses, but also that it violates the constitutional principle of the rule of law. Sue petitions pending lawsuit in courts have been formulated, whereby admitting the application of these rights and compelling former employers to pay the ”aids” given by the law, and largely the courts upheld these claims.

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    File URL: http://businesslawconference.ro/revista/articole/an5nr1/Art.%209%20Corina%20Scarlat.pdf
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    Article provided by Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) in its journal “Perspectives of Business Law” Journal.

    Volume (Year): 5 (2016)
    Issue (Month): 1 (November)
    Pages: 61-66

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    Handle: RePEc:sja:journl:v:5:y:2016:i:1:p:61-66
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