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The Right To Retirement In The "Revolutionary" Vision Of The Romanian Constitutional Court

Author

Listed:
  • Teodor Narcis Godeanu

    (Faculty of Juridical, Administrative and Economic Sciences, „Spiru Haret” University, Romania)

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.

Suggested Citation

  • Teodor Narcis Godeanu, 2018. "The Right To Retirement In The "Revolutionary" Vision Of The Romanian Constitutional Court," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 7(2), pages 279-283, December.
    • Handle: RePEc:sja:journl:v:7:y:2018:i:2:p:279-283
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    More about this item

    Keywords

    the right to retirement; standard retirement age; minimum contribution period; employee; other categories of staff; woman; male; discrimination.;
    All these keywords.

    JEL classification:

    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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